Philippine Bar review · Question

Practice question: Illness and HIV Status (DO 73, s. 2005; DA 05, s. 2010; RA 11166, Sec. 49)

Multiple Choice Medium Jurisprudence

Practice question

A worker previously had TB and is now certified medically fit by the company's accredited health provider. The employer bars the worker solely because of that history. Which principle in DO 73-05 applies?
  1. Past TB automatically requires lifetime exclusion.
  2. The nondiscrimination and restoration-to-work policy requires attention to certified fitness rather than a blanket history-based ban.
  3. The employer must disregard every medical fitness assessment.
  4. Only workers with no illness history may ever return.
  5. A stigma-based ban is valid if coworkers request it.

Legal references

  • DOLE Department Order 73-05, workplace TB, social policy 4.1–4.3: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/50992

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