Philippine Bar review · Question

Practice question: Disability (RA 7277, Title III, Ch. 1)

Multiple Choice Hard

Practice question

An employer dismisses a worker because of disability. It claims impaired performance but offers only a general stereotype and admits it never first sought reasonable accommodation. The worker challenges the dismissal under Section 32(g). Which is correct?
  1. The stereotype conclusively proves business prejudice.
  2. The employer need not consider any accommodation.
  3. The provision requires proof of the stated performance impairment and prior pursuit of reasonable accommodation; those requirements are not met merely by assertion.
  4. Disability grants absolute immunity from every possible dismissal.
  5. A supervisor's dislike creates the statutory exception.

Legal references

  • RA 7277 Sections 4,32–33 (employment discrimination and medical examination): https://lawphil.net/statutes/repacts/ra 1992/ra_7277_1992.html

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