9 things employers CANNOT do to PWD employees

PROHIBITED DISCRIMINATION ON EMPLOYMENT: No entity, whether public or private, shall discriminate against a qualified PWD 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:

[1] Limiting, segregating or classifying a job applicant with disability in such a manner that adversely affects his work opportunities;[2] Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out a PWD 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;

[3] 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;

[4] Providing less compensation, such as salary, wage or other forms of remuneration and fringe benefits, to a qualified employee with disability, by reason of his disability, than the amount to which a non-disabled person performing the same work is entitled;

[5] Favoring a non-disabled employee over a qualified employee with disability with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latter’s disability;

[6]Re-assigning or transferring an employee with a disability to a job or position he cannot perform by reason of his disability;

[7] Dismissing or terminating the services of an employee with disability 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;

[8] Failing to select or administer in the most effective manner employment tests which accurately reflect the skills, aptitude or other factor of the applicant or employee with disability that such tests purports to measure, rather than the impaired sensory, manual or speaking skills of such applicant or employee, if any; and

[9] Excluding PWD from membership in labor unions or similar organizations.

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