d) Providing a lower compensation, salary, wage or other forms of remuneration and fringe benefits to a qualified disabled employee by reason of his disability as compared to a worker performing the same type and amount of work but who is not disabled; 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 the disabled employee by reason of his disability unless the employer can prove that the satisfactory performance of the work involved is impaired by reason of the disability to the prejudice of the business entity, Provided, however, that the employer has first exerted effort to provide reasonable accommodations for the disabled worker; h) Failing to select or administer in the most effective manner employment tests which accurately reflect or measure the skills, aptitude or positive traits of the disabled applicant or employee rather than the impaired sensory, manual or speaking capabilities of such applicant or employee, if any; and i) Excluding disabled persons from membership in labor unions or similar organizations. 1.3 Pre-employment medical examination. – Upon an offer of employment, a disabled applicant may be subjected to a medical examination subject to the following conditions: a.) Workers to be hired are subjected to such medical examination regardless of whether or not they are disabled. b) Information obtained concerning the medical condition or history of the applicant is collected and maintained in separate forms and in separate medical files and is treated as confidential medical information, Provided, however, that: 1. Supervisors and managers may be advised of a medical findings regarding the applicant if it will result in impairment of the work or duties of the employees or will require the installation of special facilities; 2. First aid and safety personnel may also be informed of the medical finding, when appropriate, if the disability will require emergency treatment; 3. The Secretary of the Department of Labor and Employment or his duly authorized representative investigating compliance with this Act shall be provided relevant information or request; and 4. The results of such medical examination shall be used only in accordance with this Act. 1.4 Compensation and other benefits. – The disabled employee shall receive the same compensation, privileges, fringe benefits, incentives or allowances and other employee benefits as any other qualified employee. 1.5 Reserved positions for the disabled. – Subject to existing laws and regulations, the Department of Social Welfare and Development (DSWD); DOH; Department of Education, Culture and Sports (DECS); and other government agencies, offices or corporations engaged in social development, shall reserved five percent (5%) of all their casual, emergency and contractual positions for employment of disabled persons. SECTION 2. Sheltered Employment 2.1 Provisions of sheltered employment. – The State shall provide sheltered employment to the disabled if suitable employment is not available in the open labor market. In the placement of disabled persons in sheltered employment, their individual qualities, vocational goals and inclinations shall be accorded due regard to ensure a good working atmosphere and efficient production. 2.2 Sheltered workshop. – For the purpose of sheltered employment, DOLE and DSWD shall endeavor to set up sheltered workshops in all regions of the country in consultation and