Magna Carta for Persons with Disability

Section 34

No entity, whether public or private, shall discriminate against a qualified disabled person by reason of disability in regard to job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. The following 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 tests or other selection criteria that screen out or tend to screen out a disabled person unless such standards, tests or other 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 of administration that: 1) have the effect of discrimination on the basis of disability; or 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 a disabled employee by reason 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, however, That the employer first sought to provide reasonable accommodations for persons with disability; h) Failing to select or administer in the most effective manner employment tests which accurately reflect the skills, aptitude or other factor of the disabled applicant or employee that such tests purports to measure, rather than the impaired sensory, manual or speaking skills of such applicant or employee, if any; and i) Excluding persons with disability from membership in labor unions or similar organizations.

Section 35

Upon an offer of employment, a disabled applicant may be subjected to medical examination, on the following occasions: a) all entering employees are subjected to such an 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, however, 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 are used only in accordance with this Act.