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AllBar 2024LABOR LAW AND SOCIAL LEGISLATIONSIV. LABOR STANDARDSD. Special Groups of Employees7. Persons with Disabilities - R.A. No. 7277, as amended by R.A. No. 9442, R.A. No. 10070 and R.A. No. 10524

Question

Special Groups of Employees: Persons with Disabilities

Marie is a person with a visual impairment employed in a private company. She has recently heard about the rights and privileges that persons with disabilities are entitled to in the workplace. She wants to assert her rights and ensure equal treatment and opportunities for herself. With this in mind, analyze the following scenarios:

  1. Marie requests her employer to provide reasonable accommodations to assist her in performing her job effectively. However, her employer refuses, citing increased costs and inconvenience. Marie believes that she is entitled to reasonable accommodations under the law. Discuss the legal basis for reasonable accommodations for persons with disabilities in the workplace and the corresponding obligations of employers.
  2. Marie has been working for the company for several years and has consistently performed well. However, she has noticed that she is being bypassed for promotions and advancement opportunities in favor of her colleagues without disabilities. Marie suspects that she is being discriminated against based on her disability. Explain the anti-discrimination provisions under the law that protect persons with disabilities in employment and discuss the remedies available to Marie in case she experiences workplace discrimination.
  3. Marie encounters situations where her coworkers tease and make derogatory remarks about her disability. She feels humiliated and harassed, affecting her overall well-being and her ability to perform her job. Briefly discuss the laws that prohibit disability-based harassment in the workplace and the actions that Marie can take to address and resolve the situation.



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Bar Review Question: Special Groups of Employees: Persons with Disabilities Marie is a person with a visual impairment