Practice question
A qualified employee develops a disability but can continue performing the essential functions with a feasible reasonable accommodation. The employer dismisses the employee solely because of the diagnosis, without seeking accommodation, and presents no proof of impaired satisfactory work to the prejudice of the business. Which analysis best follows section 32(g)?
- A diagnosis always permits immediate dismissal
- The stated disability-only dismissal conflicts with the statute’s conditions and reasonable-accommodation requirement
- The employee loses all employment rights on diagnosis
- Accommodation can be considered only after the employee resigns
- Only the worker’s coworkers may decide whether the statute applies
Legal references
- https://lawphil.net/statutes/repacts/ra1992/ra_7277_1992.html — RA 7277, sections 4(h) and (l), 32–33, reasonable accommodation, qualification, and employment discrimination.
- https://lawphil.net/statutes/repacts/ra2013/ra_10524_2013.html — RA 10524 section 1, replacing RA 7277 section 5, employment equality and reserved positions.
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