(a). Disabled Persons are those suffering from restriction of different abilities, as a result
of a mental, physical or sensory impairment, to perform an activity in the manner or
within the range considered normal for a human being;
(b). Impairment is any loss, diminution or aberration of psychological, physiological, or
anatomical structure of function;
(c). Disability
shall mean (1) a physical or mental impairment that substantially limits
one or more psychological, physiological or anatomical function of an individual or
activities of such individual; (2) a record of such an impairment; or (3) being regarded as
having such an impairment;
(d). Handicap
refers to a disadvantage for a given individual resulting from an
impairment or a disability, that limits or prevents the functions or activity, that is
considered normal given the age and sex of the individual;
(e). Rehabilitation
is an integrated approach to physical, social, cultural, spiritual,
educational and vocational measures that create conditions for the individual to attain
the highest possible level of functional ability;
(f). Social Barriers
refer to the characteristics of institutions, whether legal,
economic, cultural, recreational or other, any human group, community, or society which
limit the fullest possible participation of disabled persons in the life of the group. Social
barriers include negative attitudes which tends to single out and exclude disabled
persons and which distort roles and interpersonal relationship;
(g). Auxiliary Aids and Services include:
1) qualified interpreters or other effective methods of delivering materials to individuals
with hearing impairments;
2) qualified readers, taped tests, or other effective methods of delivering materials to
individuals with visual impairments;
3) acquisition or modification of equipment or devices; and
4) other similar services and actions or all types of aids and services that facilitate the
learning process of people with mental disability;
(h). Reasonable Accommodation include (1) improvement of existing facilities used by
employees in order to render these readily accessible to and usable by disabled
persons; and (2) modification of work schedules, reassignment to a vacant position,
acquisition or modification of equipment or devices, appropriate adjustments or
modifications of examinations, training materials or company policies, rules and
regulations, the provisions of auxiliary aids and services, and other similar
accommodations for disabled persons;
(i). Sheltered Employment refers to the provision of productive work for disabled
persons through workshop providing special facilities, income producing projects or
homework schemes with a view to given them the opportunity to earn a living thus
enabling them to acquire a working capacity required in open industry.
(j). Auxiliary Social Services are the supportive activities in the delivery of social
services to the marginalized sectors of society;
(k). Marginalized Disabled Persons refer to disabled persons who lack access to
rehabilitative services and opportunities to be able to participate fully in socioeconomic
activities and who have no means of livelihood or whose incomes fall below poverty
threshold;
(l). Qualified Individual with a Disability shall mean an individual with a disability who,
with or without reasonable accommodations, can perform the essential functions of the
employment position that such individual holds or desires. However, consideration shall
be given to the employer’s judgement as to what functions of a job are essential, and if
an employer has prepared a written description before advertising or interviewing
applicants for the job, this description shall be considered evidence of the essential
functions of the job;
(m). Readily Achievable means a goal can be easily attained and carried out without
much difficulty or expense. In determining whether an action is readily achievable,
factors to be considered include
1) the nature and cost of the action;
2) the overall financial resources of the facility or facilities involved in the action; the
number of persons employed at such facility; the effect on expenses and
resources, or the impact otherwise of such action upon the operation of the facility;
3) the overall financial resources of the covered entity with respect to the number of its
employees; the number, type and location of its facilities; and