Anti-discrimination

laws in the Philippines

Atty. Yosef Bautista
 ●The State recognizes the role of women in nation -
building and shall ensure the fundamental equality
before the law of women and men. (Sec. 14, Art. II,
Laws 1987 Constitution)
protecting ●The State shall protect working women by providing
safe and healthful working conditions, taking into
women account their maternal functions, and such facilities
Workers and opportunities that will enhance their welfare and
enable them to realize their full potential in the
service of the nation. (Sec. 14, Art. XIII, 1987
Constitution)
 ● R.A. No. 6725 or “An Act Strengthening the Prohibition on
Discrimination against Women with Respect to Terms and
Conditions of Employment”
● R.A. No. 7192 or “Women in Development and Nation Building
Act”
Other Laws ● R.A. No. 7322 or “An Act Increasing Maternity Benefits in Favor of
protecting Women Workers in the Private Sector”

women ● R.A. No. 7877 or “Anti -Sexual Harassment Act”

● R.A. No. 8042 or the “Migrant Workers and Overseas Filipinos Act
Workers of 1995
● R.A 11210 or the 105-day Expanded Maternity Leave Law
● R.A 9710 or the Magna Carta of Women
● R.A No. 9262 Anti-Violence against Women and Children
 Unlawful for any employer to discriminate against
any woman employee with respect to terms and
Discrimination conditions of employment solely on account of her
sex (Labor Code, Art. 135)
 ● Payment of a lesser compensation, including
wage, salary or other form of remuneration and
fringe benefits, to a female employees as against a
male employee, for work of equal value
● Favoring a male employee over a female employee
Acts of with respect to promotion, training opportunities,
study and scholarship grants solely on account of
Discrimination their sexes
● Favoring a male applicant with respect to hiring
where the particular job can equally be handled by
a woman; and
● Favoring a male employee over a female employee
with respect to dismissal of personnel
Philippine
Telegraph and It was declared here that the company policy of not
Telephone accepting or considering as disqualified from work any
Company v. woman worker who contracts marriage runs afoul of
the test of, and the right against, discrimination
NLRC (G.R. afforded all women workers by our labor laws and by
No. 118978, no less than the Constitution.
1997)
Standard of Under the standard reasonable test, the Er has the
burden of proof to prove the existence of a reasonable
Reasonable business necessity that would justify an employment
Test policy. (Star Paper Corp. v. Simbol, G.R. No. 164774,
12 Apr. 2006)
 1. To require as a condition of employment or
continuation of employment that a woman employee
shall not get married;
Stipulation 2. To stipulate expressly or tacitly that upon getting
married, a woman employee shall be deemed
Against resigned or separated
Marriage 3. To actually dismiss, discharge, discriminate or
otherwise prejudice a woman employee merely by
reason of her marriage (Labor Code, Art. 136)
 It is a policy banning spouses from working in the
same company. Generally, spouses are allowed to
work in the same company, provided it is not in the
No-Spouse same department, where there is direct supervision or
control. In case spouses are in the same department,
Employment one of them may be reassigned to another
Policy department.

EXCEPTION: BONA FIDE OCCUPATIONAL

QUALIFICATIONS
 Magna Carta of Women is a comprehensive women's
Magna Carta human rights law that seeks to eliminate
of Women discrimination against women by recognizing,
protecting, fulfilling and promoting the rights of
(R.A. No. Filipino women, especially those in marginalized
9710) sector (Q & A, Magna Carta of Women, PSA Gender
Sensitivities).
 1. Right to be protected from all forms of violence (Sec. 9):
2. Right. to be protected in times of disasters, calamities, and other
crisis situations (Sec. 10):
3. Right to participation. and equitable representation in all spheres of
society (Sec.11):
4. Right to equal treatment before the law (Sec.12);
General rights 5. Right to equal access and elimination of discrimination in education,
of Women scholarships, and training (Sec. 13);
6. Right against discriminatory and derogatory portrayal in media (Sec.
16);
7.Right to health (Sec. 17);
8.Right to Special Leave Benefits (Sec. 18);
9.Equal rights in all matters relating to marriage and family relations
(Sec. 19):
 10. Right to food security and productive resources (Sec. 20);
11. Right to housing (Sec. 21);
12. Right to decent work (Sec. 22);
13. Right to livelihood, credit, capital, and technology (Sec. 23):
14. Right to education and training (Sec. 24);
General rights 15. Right to representation and participation in policy-making
of Women bodies (Sec. 25);
16. Right to information (Sec. 26);
17. Right to social protection (Sec. 27);
18. Recognition and preservation of cultural identity and integrity
(Sec. 28).
 1. No sports event or tournament will offer or award a different
sports prize, with respect to its amount or value, to women and men
winners in the same sports category: Provided, That the said
tournament, contest, race, match, event, or game is open to both
WOMEN IN sexes: Provided, further. That the sports event or tournament is
divided into male or female divisions (R.A. No. 9710. Sec. 15);
SPORTS 2 Schools, colleges, universities, or any other learning institution
shall take into account its total women student population in
granting athletic scholarship. There shall be a pro rata
representation of women in the athletic scholarship program based
on the percentage of women in the whole student population
 1. Equal status shall be given to women and men,
whether married or not, in the titling of the land and
issuance of stewardship contracts and patents;
No 2. Equal treatment shall be given to women and men
Discrimination beneficiaries of the agrarian reform program, wherein
the vested right of a woman agrarian reform
in Titling of beneficiary is defined by a woman's relationship to
Lands tillage, i.e., her direct and indirect contribution to the
development of the land; (R.A. No. 9710, Sec. 20, par.
b(1)).
Anti-Sexual Harassment Act
of 1995
REPUBLIC ACT NO. 7877
Where a. Working
Committed b. Education
(WET) c. Training environment
 1. Manager
2. Employer
3. Employee
4. Professor
5. Agent of the employer

Who Commits 6. Teacher

7. Instructor
8. Supervisor
9. Coach
10. Trainer
11. Any Other person having authority, influence or
moral ascendancy over another
 Person liable demands, requests, or otherwise
How requires any sexual favor from the other, regardless of
Committed whether the demand, request or requirement for
submission is accepted by the latter.
 1. The sexual favor is made as a condition:
a. In hiring or in the employment, reemployment or
continued employment of said individual
Work-
b. In granting said individual favorable compensation,
Related/Empl terms, conditions, promotions or privileges
oyment c. The refusal to grant the sexual favor results in
Environment, limiting, segregating or classifying the employee
Sexual which in any way would discriminate, deprive or
diminish employment opportunities or otherwise
Harassment adversely affect said employee
Committed 2. The above acts would impair the employee’s rights
When or privileges under existing labor laws.
3. The above acts would result in an intimidating,
hostile or offensive environment for the employee.
(Sec. 3[a])
Education or
Training 1. The sexual favor is made as a condition:
Environment, 2. The above acts would impair the employee’s rights
Sexual or privileges under existing labor laws.
Harassment 3. The above acts would result in an intimidating,
hostile, or offensive environment for the employee.
Committed (Sec. 3[a])
When
 1. Promulgate appropriate rules and regulations
prescribing the procedure for investigation of sexual
Duty of harassment cases as well as guidelines on proper
Employer decorum in the workplace.
2. Create a committee on decorum and investigation
of cases on sexual harassment. (Sec. 4)
Liability of Solidarily liable for damages arising from the acts of
sexual harassment committed in the employment,
Employer / education or training environment if the employer is
Head of Office informed of such acts by the offended party and no
immediate action is taken.
Prescriptive
period to file 3 years (Sec. 7)
action:
 Any person who violates the provisions of this Act
shall, upon conviction, be penalized by imprisonment
Penalties of not less than 1 month nor more than 6 months, or a
fine of not less than Php 10,000 nor more than Php
20,000 or both such fine and imprisonment at the
discretion of the court.
Safe Spaces Act
R.A. No. 11313
 (a) An act or series of acts involving any unwelcome sexual
advances, requests or demand for sexual favors or any act of
The crime of sexual nature, whether done verbally, physically or through
gender-based the use of technology such as text messaging or electronic
mail or through any other forms of information and
sexual communication systems, that has or could have a detrimental
effect on the conditions of an individual’s employment or
harassment in education, job performance or opportunities;
the workplace (b) A conduct of sexual nature and other conduct based on sex
includes the affecting the dignity of a person, which is unwelcome,
unreasonable, and offensive to the recipient, whether done
following: verbally, physically or through the use of technology such as
text messaging or electronic mail or through any other forms
of information and communication systems;
 (c) A conduct that is unwelcome and pervasive and creates an
The crime of intimidating, hostile or humiliating environment for the
recipient: Provided, That the crime of gender-based sexual
gender-based harassment may also be committed between peers and those
committed to a superior officer by a subordinate, or to a
sexual teacher by a student, or to a trainer by a trainee; and
harassment in (d) Information and communication system refers to a system
the workplace for generating, sending, receiving, storing or otherwise
processing electronic data messages or electronic documents
includes the and includes the computer system or other similar devices by
or in which data are recorded or stored and any procedure
following: related to the recording or storage of electronic data
messages or electronic documents. (RA 11313)
 Employers or other persons of authority, influence or
Duties of moral ascendancy in a workplace shall have the duty
Employer to prevent, deter, or punish the performance of acts of
gender-based sexual harassment in the workplace.
 a. Refrain from committing acts of gender-based
sexual harassment;

Duties of b. Discourage the conduct of gender-based sexual

harassment in the workplace;
Employees c. Provide emotional or social support to fellow
and Co- employees, co-workers, colleagues or peers who
workers are victims of gender-based sexual harassment;
and
d. Report acts of gender-based sexual harassment
witnessed in the workplace.
 a. Non-implementation of their duties under Section 17 of
the Act, as provided in the penal provisions: or
b. Not taking action on reported acts of gender-based
sexual harassment committed in the workplace.

Liability of Any person who violates subsection (a) of this section, shall
upon conviction, be penalized with a fine of not less than
Employers Five thousand pesos (P5,000.00) nor more than Ten
thousand pesos (P10,000.00).
Any person who violates subsection (b) of this section, shall
upon conviction, be penalized with a fine of not less than
Ten thousand pesos (P10,000.00) nor more than Fifteen
thousand pesos (P 15,000.00). (Sec. 19, RA 11313)
PERSONS WITH
DISABILITY
R.A. No. 7277, as Amended by R.A. No. 9442
 are those suffering from restriction or different
Persons with abilities, as a result of a mental, physical or sensory
impairment, to perform an activity in the manner or
Disability within the range considered normal for a human
being.
 Under the law, PWDs are entitled to equal opportunity
for employment. Consequently, no PWD shall be
What are the denied access to opportunities for suitable
rights of employment. A qualified employee with disability
shall be subject to the same terms and conditions of
PWDs? employment and the same compensation, privileges,
benefits, fringe benefits, incentives or allowances as a
qualified able-bodied person.
 No entity, whether public or private, shall discriminate
Discrimination against a qualified PWD by reason of disability in
regard to job application procedures, the hiring,
on promotion, or discharge of employees, employee
Employment compensation, job training, and other terms,
conditions and privileges of employment. (RA 7277,
Sec. 32)
 1. Limiting, segregating or classifying a job applicant
with disability in such a manner that adversely affects
his work opportunities;
2. Using qualification standards, employment tests or
other selection criteria that screen out or tend to
Acts of screen out a PWD unless such standards, tests or other
selection criteria are shown to be job-related for the
discrimination position in question and are consistent with business
necessity;
3. Utilizing standards, criteria, or methods of
administration that:
4. Have the effect of discrimination on the basis of
disability
 5. Perpetuate the discrimination of others who are
subject to common administrative control.
6. Providing less compensation, such as salary, wage
or other forms of remuneration and fringe benefits, to
a qualified employee with disability, by reason of his
disability, than the amount to which a non-disabled
Acts of person performing the same work is entitled;
discrimination 7. Favoring a non-disabled employee over a qualified
employee with disability with respect to promotion,
training opportunities, study and scholarship grants,
solely on account of the latter’s disability;
8. Re-assigning or transferring an employee with a
disability to a job or position he cannot perform by
reason of his disability;
 9. Dismissing or terminating the services of an employee
with disability by reason of his disability unless the
employer can prove that he impairs the satisfactory
performance of the work involved to the prejudice of the
business entity; provided, however, that the employer first
sought to provide reasonable accommodations for persons
with disability;
Acts of
10. Failing to select or administer in the most effective
discrimination manner employment tests which accurately reflect the
skills, aptitude or other factor of the applicant or employee
with disability that such tests purports to measure, rather
than the impaired sensory, manual or speaking skills of
such applicant or employee, if any; and
11. Excluding PWD from membership in labor unions or
similar organizations.
 To encourage the active participation of the private
Incentives for sector in promoting the welfare of disabled persons
Employers and to ensure gainful employment for qualified
disabled persons, adequate incentives shall be
(Sec. 8) provided to private entities which employ disabled
persons.
Anti-age
discrimination in
employment act
R.A. No. 10911
 It shall be unlawful for the following acts
1. Print or publish, or cause to be printed or published, in any
form of media, any notice of advertisement relating to
Acts of employment suggesting preference, limitations,
discrimination specifications, and discrimination based on age
2. Require the declaration of age or birth date during the
in application process
Decline any employment application because of the
employment 3.
individual’s age
on account of 4. Discriminate against an individual in terms of
compensation, terms and conditions or privileges of
age employment of account of such individual’s ages
5. Forcibly lay-off an employee or worker because of old age
6. Impose early retirement on the basis of such
employee/worker’s age
 1. Any violation shall be punished with a fine of not less
than Php 50,000 but not more than Php 500,000; or
2. imprisonment of not less than 3 months but not more
Penalties than 2 years
3. if the offense is committed by a corporation, trust,
firm, partnership or association, or other entity, the
penalty shall be imposed upon the guilty officer or
officers of such (Sec 8 of DO No. 170-17)
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