Letter to Attorney

Dear Attorney,

I hope this letter finds you well. I am seeking your advice regarding a matter that has caused me significant distress. Recently, I was offered a job by a company after undergoing their standard hiring process, including an interview and the submission of all required documentation. However, after disclosing my status as a Person with Disability (PWD) in compliance with the requirements of the Magna Carta for Persons with Disabilities, the company abruptly retracted its job offer.

This decision has left me feeling discriminated against and concerned about my rights as a PWD under Philippine law. I want to know whether this act constitutes illegal discrimination and if I can seek remedies under labor laws or other relevant statutes. Additionally, I would like guidance on the proper steps to take to assert my rights and ensure accountability for this incident.

Thank you for your assistance. I appreciate your insights and expertise on this matter.

Sincerely,
A Concerned Citizen

Legal Analysis of Job Offer Retraction Due to Disability

Introduction

In the Philippines, discrimination against Persons with Disabilities (PWDs) is explicitly prohibited by several laws, including the Magna Carta for Persons with Disabilities (Republic Act No. 7277) and the Labor Code of the Philippines. Employers are bound by these laws to provide equal opportunities to all job applicants, regardless of disability, and to ensure a workplace free of discrimination.

This article explores the rights of PWDs in the context of employment, particularly in cases where a job offer is rescinded based on the applicant's disability. It provides a comprehensive legal perspective, highlighting relevant statutes, remedies, and the necessary actions that affected individuals can take.

Legal Protections for PWDs in Employment

Magna Carta for Persons with Disabilities (R.A. No. 7277)
The Magna Carta for Persons with Disabilities is the cornerstone of PWD rights in the Philippines. Under Section 32 of the Act, it is unlawful for an employer to discriminate against a qualified PWD by:
- Limiting, segregating, or classifying an individual in a way that adversely affects their opportunities or status.
- Failing to provide reasonable accommodations to PWDs unless it can be proven that such accommodations would impose an undue hardship on the employer.
- Refusing to hire a qualified applicant solely on the basis of their disability.
The law also mandates employers to reserve at least 1% of their workforce for qualified PWDs and prohibits retaliation against employees who assert their rights under the Act.
The Labor Code of the Philippines
The Labor Code upholds the principle of equal employment opportunity, providing a general framework to combat discrimination in the workplace. While it does not specifically address PWDs, its provisions on unfair labor practices and unjust treatment of employees apply to all workers.
The 1987 Philippine Constitution
Article XIII, Section 3 of the Constitution provides for the rights of all workers, emphasizing equal opportunities in employment and humane working conditions. Any discriminatory act against PWDs contravenes the Constitution's guarantee of equality and protection under the law.
Other Relevant Laws
- Anti-Age Discrimination in Employment Act (R.A. No. 10911): While this law focuses on age, its principles regarding equal treatment in hiring can be analogously applied to cases involving PWDs.
- International Conventions: The Philippines is a signatory to the UN Convention on the Rights of Persons with Disabilities, which obligates the country to promote, protect, and ensure the full enjoyment of human rights by PWDs, including in the field of employment.

Employer's Justifications for Job Offer Retraction

Employers may attempt to justify a decision to retract a job offer on various grounds. Some commonly cited reasons include:

Lack of qualifications: Employers may argue that the applicant is not qualified for the position, but this must be supported by evidence.
Reasonable accommodations: Employers may claim that accommodating a PWD imposes undue hardship. However, the burden of proving undue hardship lies with the employer and must be supported by objective data.
Job-related safety concerns: If the disability creates a significant risk of harm to the employee or others that cannot be mitigated through reasonable accommodations, the employer may have a defense.

Each of these justifications must be scrutinized to ensure compliance with the law. Unsubstantiated claims or subjective judgments about an applicant’s capabilities may constitute discrimination.

Remedies and Legal Actions

Filing a Complaint with the Department of Labor and Employment (DOLE)
An affected individual may file a formal complaint with DOLE, which has the authority to investigate discriminatory practices. DOLE can mediate disputes or, in serious cases, refer the matter to the appropriate courts.
Filing a Case with the National Commission on Disability Affairs (NCDA)
The NCDA is the primary agency tasked with monitoring the implementation of laws protecting PWDs. Complaints related to PWD discrimination can be lodged with this body for further action.
Civil Action for Damages
Under Article 2176 of the Civil Code, an aggrieved party may file a civil case for damages based on quasi-delict, arguing that the employer’s discriminatory act caused them harm.
Administrative Penalties
Violations of the Magna Carta for Persons with Disabilities may result in administrative sanctions against the employer, including fines or suspension of operations.
Other Remedies
- Filing a Complaint with the Commission on Human Rights (CHR): The CHR can investigate discrimination cases and provide recommendations to improve compliance with PWD rights.
- Labor Arbitration and Court Proceedings: For unresolved disputes, the case may be elevated to the National Labor Relations Commission (NLRC) or the courts.

Steps to Take for Affected Individuals

Document the Incident
Gather all relevant evidence, such as emails, messages, or other correspondence indicating the job offer and its subsequent retraction.
Request a Written Explanation
Ask the employer to provide a written explanation for the retraction. This serves as an opportunity to uncover potential violations of the law.
Seek Legal Assistance
Consult a lawyer or a legal aid organization specializing in PWD rights to evaluate the merits of the case and strategize on next steps.
Engage in Mediation
Attempt mediation through DOLE or other relevant agencies to resolve the dispute amicably before pursuing formal litigation.

Conclusion

The retraction of a job offer based solely on an individual’s disability is a clear violation of Philippine laws and public policy. Employers are obligated to ensure equal opportunities and to provide reasonable accommodations to PWDs, as required by the Magna Carta for Persons with Disabilities and other legal frameworks.

For affected individuals, understanding their rights and taking timely action is essential. With robust legal protections in place, PWDs have multiple avenues to seek redress and hold employers accountable for discriminatory practices. Legal advice and representation are invaluable in navigating this process and achieving justice.