Alvarez, Genesis Magpantay, Reem

Bangkil, Maria Gabrielle Francesca Saberon, Lander

L4A

Introduction

Disability, as defined by Neufeldt (1998), is any restriction in the ability to perform

an activity in the manner or within range considered normal for a human being. It is
undisputable that there are a lot of people in this kind of situation and that they are
discriminated in a lot of aspects in the society today. One is their capacity to participate
in the labor market and earn for their daily living which is vital for ones survival. A lot of
disabled people are unemployed due to this social attitude which limits their ability to
participate as equal members of the society.

According to Haveman, Halberstadt and Burkhauser (1984), in their study

examining public policy towards disabled workers, found out that in terms of labor
market participation, disabled people were at a serious disadvantage relative to persons
without disability and they were less likely to work, and when they did it was more likely
to be a part time. It was also figured the persons with disability situated in high-income
countries are given more employment opportunities than those who are in low-income
countries. (Albright, 1998). From there, it is definite that there really is a discrimination in
the aspect of employment with persons with disability and they are deprived of
opportunities to live equally in the society more specifically in low-income countries like
Philippines.

Colin Barnes (1991) also stated that when disabled people do find work, the
majority find themselves in poorly-paid, low-skilled, low-status jobs which are both
unrewarding and undemanding. The differences in economic participation between
disabled people and others are so universal and systematic and it is undisputed that
discrimination is the cause. The discrimination experienced by persons with disability
are occurring at three levels. First is direct discrimination, which means treating people
less favorably than others because of their disability. Second is indirect discrimination
which means imposing a requirement for a job which makes it harder for disabled
people to gain access to it and lastly, unequal barriers which means failing to take
reasonable steps to remove barriers in the social environment that prevent disabled
people from participating equally. The barriers commonly reported are those of
transportation to and from work, the physical inaccessibility of the workplace, less
opportunity of PWDs to learn appropriate work skills and the attitude of the people in the
market place. (Neufeldt, 1998)

One way we could diminish this historically social attitude towards people with
disability is to create policies that would respond to the social and economic
environment that will contribute to the employment opportunities and for the economic
inclusion by the person with disability. There were several job creation policies made
historically which is found to be of help in creating opportunities to PWDs. One is the
sheltered workshop which is subsequent to World War II. This created employment for
disable people injured during the war and subsequently was broadened to other groups.
Another is, every employer should do a fair share in providing employment possibilities
for disabled people which varies from country to country. This approach sets targets of
the portion of private sector employees that should be disabled people, ranging from 1
to 6%. Create financial incentives for employers to hire disabled people. Such
incentives might be in the form of subsidies paid to employees directly or through tax
relief was also created and lastly, to involve employers directly in finding solutions to the
employment of disabled people. (Neufeldt, 1998)

With this policies made for the creation of job opportunities for the PWDs, therell
be an increase in the number of disabled persons who are working on a given company
or agency. Only there is a need of compliance and prevention to the misuse of the
definition of disability. There also several policies made by the Government to diminish
the discrimination imposed to the ability and capacity of the PWDs to join the work force
of the market.

Benigno Aquino III, in his administrations vision administrations vision to allow

PWD to have equal opportunity, stated: Our Government pledged inclusive growth to
the Filipino people. Most people take this in the context of economics of providing
opportunities for the poor but when we promised inclusive growth, we promised it to
all Filipinos, including those who by virtue of certain limitations, tend to be thought of as
being unable to contribute to society And this is something that we want to change,
because we know that to perpetuate this prejudice means not only depriving persons
with disabilities of their rights, but more importantly, depriving them of their dreams.
This was the former presidents promise to Filipinos which, up until now, is unseen and
unfelt. The results of such vision is still in question. One notable movement by the
Republic of the Philippines is to pass and provide a Magna Carta for Disabled Persons
in 1991. This showed the positive intent of the state to protect PWDs and deliver a
hospitable environment for a variety of interesting possibilities for PWDs despite their
relative low income levels.

Definition

Under R.A. 7277 or the Magna Carta for Disabled Persons, passed into law in
1992, a disabled person is defined as those suffering from restriction or different
abilities, as result of a mental, physical, or sensory impairment, to perform an activity in
the manner or within the range considered for a human being. It also discussed the
meaning of the term disability pertained in this statute. It refers to a physical or mental
impairment that substantially limits one or more psychological, physiological, or
anatomical function of an individual or activities of such individual; or a record of such
an impairment; or being regarded as having such an impairment. It differentiated it from
a handicap that pertains only to a condition which prevents a normal function or activity
of a person (Solidum-Protacio, 2010). The Labor Code also defined handicapped
workers as those whose earning capacity is impaired by age or physical or mental
deficiency or injury (Azucena, 2007; Claudio, 2014). Maalac (2006), reiterates that
age or physical or mental disability is not the factor which will determine who is a
handicapped person, but rather how this disability affects their effectiveness and
efficiency in their earning capacity.
Benefits and Advantages

The Magna Carta entitles people with disabilities to equal opportunities in

employment, giving them the same working conditions, benefits, etc. just like a person
without these disabilities (Solidum-Protacio, 2010; Claudio, 2014)

They are also entitled to several benefits such as Employees Compensation

Program, Social Security Benefits, PhilHealth Coverage to name a few (Azucena, 2007;
Solidum-Protacio, 2010). There are three categories of disability as provided by the
Labor Code, namely: (1) Temporary Total Disability, (2) Permanent Partial Disability,
and (3) Permanent Total Disability. Azucena (2007) mentioned that the term disability
refers to the loss or impairment of earning capacity rather than the direct after-effect of
the injury. He discussed that even though an employee received an injury which caused
his disability, yet still performs like an able-bodied person then he is not entitled to the
Employees Compensation Benefit because it does not impair his capacity to earn and
do his work like usual.

Solidum-Protacio (2010) also mentioned the incentive that employers receive

when they employ persons with disabilities. This incentive is one of the programs or
strategies of the government to enable a sure-fire way for persons with disabilities to
gain employment. Entities which employ these persons become entitled to an
additional deduction from their gross income. Also, if these entities also have facilities
which can accommodate these persons, then they are also entitled to another additional
deduction.

Since people with disabilities may experience discrimination in the workplace,

Section 32 of the Magna Carta enumerated nine (9) activities which constitute
discriminatory acts against these people (Solidun-Protacio, 2010).

Challenges and Disadvantages

Despite the support and benefits persons with disabilities receive under the law;
its implementation is not as successful. A case study by Grschl (2004) finds that not all
companies view persons with disability as an important source of labor. The study
focused on Torontos hotel industry, and several respondents have the same perception
in hiring persons with disability. Rather than providing opportunities for these people,
the respondent of this study are more focused in accommodating or even protecting the
image towards able-bodied persons. Persons with disabilities are also considered as a
last resort source of labor which contributes to their small employment rate. Mina (2010)
finds that there are more self-employed persons with disability than those employed in
companies. This gives enough evidence in the low employability rate of these persons.

Also, there is also the challenge in properly determining who is considered a

person with disability. Grschls (2004) study finds that the respondents, which are
employers, lack enough knowledge to determine who is to be considered as a person
with disability. Giving example of the United States of Americas Disabilities Act,
employers cannot assume the capabilities of persons with disabilities (Allen, 1994).

The Study

Our group wishes to study more about the current conditions of persons with
disabilities in the workplace, determine factors which contribute to their small
percentage the employment rate, and other related areas. Particularly, we would like to
go into the current policies of the government or companies in providing opportunities
for persons with disabilities in employment.