Disability is not Inability

::ACT on Securing employment opportunities for PWDs

Apprenticeship.

14. Subject to the provisions of the Employment Act, persons with disabilities shall be eligible for engagement as apprentices or learners where their disability is not such as to impede their performance in particular occupations for periods for which they are hired.

Discrimination by employers prohibited.

15. (1) Subject to subsection (2), no employer shall discriminate against a person with disability in relation to:

(a) The advertisement of employment;

(b) The recruitment for employment;

(c) The creation, classification or abolition of posts;

(d) The determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits;

(e) The choice of persons for posts, training, advancement, apprenticeships, transfer, promotion or retrenchment;

(f) The provision of facilities related to or connected with employment; or

(g) Any other matter related to employment.

(2) Notwithstanding subsection (1), an employer shall be deemed not to have discriminated against a person with a disability if:

(a) The act or omission alleged to constitute the discrimination was not wholly or mainly attributable to the disability of the said person;

(b) The disability in question was relevant consideration in relation to the particular requirements of the type of employment concerned; or

(c) Special facilities or modifications, whether physical, administrative or otherwise, are required at the work place to accommodate the person with a disability, which the employer cannot reasonably be expected to provide.

(3) A complaint by a person with a disability that his employer has discriminated against him in away which is contrary to this Act may presented to the industrial court through the appropriate trade union.

(4) Any contract for employment or for provision of goods, facilities or services, or any other agreement, shall be void insofar as it purports to deny any person any rights or privileges conferred under this Act or in any other way to limit the operation of this Act.

(5) An employer shall provide such facilities and effect such modifications, whether physical, administrative or otherwise, in the workplace as may reasonably be required to accommodate persons with disabilities.

(6) The minimum retirement age for persons with a disability shall be sixty years.