General Policies, Objectives, and Coverage
- Ensures equal employment opportunity and remuneration for PWDs.
- Facilitates access to labor market information and capacity building.
- Applies to all government agencies and private corporations.
Definitions
- "Positions in Government": all government positions including casual and contractual.
- "Positions in Private Corporations": all private sector positions regardless of employment status.
- "Persons with Disability (PWD)": individuals with long-term physical, mental, intellectual, or sensory impairments.
- "Qualified Person with Disability": PWDs who, with reasonable accommodations, can perform essential job functions.
- "Reasonable Accommodation": modifications or adjustments not imposing undue burden to enable PWDs to perform jobs.
- "Qualification Standards": minimum education, experience, training, eligibility required for a government position.
- "Auxiliary Aids": aids such as qualified interpreters, readers, assistive devices facilitating PWD participation.
- "Appointing Officer": authorized official making appointments in government or private corporations.
Employment of Persons with Disability
- Guarantees equal employment opportunities and nondiscrimination for qualified PWDs.
- Employment conditions and compensation must be equal to able-bodied employees.
- Government must reserve at least 1% of all positions for PWDs, with fractions considered as one position.
- Private corporations with over 100 employees encouraged to reserve at least 1% for PWDs.
- Where no qualified PWD applies, agencies may hire non-PWD applicants.
Qualification Standards
- Government agencies assess PWD fitness based on prescribed qualification standards.
- PWDs in non-career roles must meet qualification except civil service eligibility unless covered by special laws.
- Private corporations determine PWD fitness similarly, requiring public posting of specific job descriptions.
Incentives for Private Corporations
- Private entities employing PWDs entitled to incentives per Magna Carta for PWDs.
- Includes 25% additional deduction from gross income of salaries and wages paid to PWD employees, certified by DOLE.
Duties and Responsibilities of Concerned Agencies
- Government agencies must review and reserve positions, post vacancies, and submit annual reports.
- NCDA oversees implementation, data consolidation, referral services, and legislative review.
- CSC ensures PWD career advancement and monitors rule implementation.
- DSWD enhances vocational rehabilitation and provides auxiliary aids.
- BIR enforces tax incentives for private entities employing PWDs and modifying facilities.
- DOLE promotes employment through training, job fairs, registry maintenance, and awards.
- DOH certifies non-obvious disabilities.
- GCG, DILG, and LGUs monitor compliance and submit reports; LGUs must establish PDAO.
Monitoring and Reportorial Duties
- Agencies monitor compliance of offices under their jurisdiction.
- CSC handles discrimination complaints and overall monitoring.
- Regular reports on employment status of PWDs are submitted to CSC and NCDA.
- NCDA maintains a centralized database accessible to interested parties.
Funding
- Agencies allocate budget for implementing the law following government rules.
Final Provisions
- Separability clause preserves validity of remaining provisions if some are invalid.
- IRR becomes effective 15 days after publication in two national newspapers.