conditions and privileges of employment. 1.2 Acts of Discrimination The following shall constitute acts of discrimination: a. limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities; b. using qualification standards, employment test or the selection criteria that screen out or tend to screen out a disabled person unless such standards, test or the selection criteria are shown to be job related for the position in question and are consistent with business necessity; c. utilizing standards, criteria or methods with business necessity; 1. have the effect of discrimination on the basis of disability; 2. perpetuate the discrimination of others who are subject to common administrative control; d. providing less compensation, such as salary, wage or other forms of remuneration and fringe benefits, to a qualified disabled employee, by reason of his disability, than the amount to which a non-disabled person performing the same work is entitled; e. favoring a non-disabled employee over a qualified disabled employee with respect to promotion, training opportunities, study and scholarship grants solely on account of the latter’s disability; f. re-assigning or transferring a disabled employee to a job or position he cannot perform by reason of his disability; g. dismissing or terminating the services of disabled employee by reasons of his disability unless the employer can prove that he impairs the satisfactory performance of the work involved to the prejudice of the business entity; provided that the employer first sought to provide reasonable accommodations for disabled persons; h. failing to select or administer in the most effective manner employment test which accurately reflects the skill, aptitude or other factors of the disabled applicant or employee that such test purports to measure, rather than the impaired sensory, manual or speaking skills of such applicant or employee, if any; and i. excluding disabled persons from membership in labor unions or similar organizations. SECTION 2. Employment Entrance Examination 2.1 The disabled person, upon an offer of employment, will be subjected to medical examination on the following occasions: a. all entering employees are subjected to such examination regardless of disability; b. information obtained during the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, provided that: 1. supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employees and necessary accommodations; 2. first aid and safety personnel may be informed, when appropriate, if the disability may require emergency treatment. 3. government officials investigating compliance with this Act shall be provided relevant information on request; and 4. the results of such examination may be used only in accordance with this Act. SECTION 3. Discrimination on the Use of Public Accommodations and Services 1. For purpose of this section, public accommodation and services, please refer to the Implementing Rules and Regulations of Batas Pambansa Blg. 344, otherwise known as the Accessibility Law. 2. Discrimination on the use of a terminal, depot or other stations used for specified public transportation. The discrimination on disabled persons referred in this section, is the impartial treatment of the owner, lessee or operator of public transport terminals, stations and depot or the partial or non-provision of services, facilities, privileges, advantages or accommodations to disabled passengers on the basis of disability which are afforded to able-bodied individual. The following constitute acts of discrimination whether directly or through contractual, licensing or other arrangement, to wit: 1. denying the disabled passenger to enter the terminal, station or depot premises; purchase travel tickets; prepare waybills; secure boarding passes; claim tags for baggage’s and other transactions which an able-bodied passenger may do.

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