Law Against Discrimination

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LAW AGAINST

DISCRIMINATION
By: Group 5
Article 3 of the Labor Code of the
Philippines.

Declaration of basic policy.


The State shall afford protection to labor, promote full
employment, ensure equal work opportunities regardless of sex,
race, or creed and regulate the relations between workers and
employers.
The State shall assure the rights of workers to self- organization,
collective bargaining, the security of tenure, and just and
humane conditions of work.

The laws against discrimination concerning labor are as follows


(Cabulay & Carpio-Aldeguer, 2015):
Republic Act No. 7277, also known as the
Magna Carta for Disabled Persons
The following constitutes acts of discrimination against
handicapped workers:

Limiting ,segregating, or classifying a disabled job applicant in


such a manner that adversely affects his work opportunities;

Using qualification standards, employment tests, or other


selection criteria that screen out or tend to screen out a
disabled person unless such standards, tests, or other
selection criteria are shown to be job-related for the position
in question and are consistent with business necessity;
Republic Act No. 7277, also known as the
Magna Carta for Disabled Persons
 Utilizing standards, criteria, or methods of administration that
have the effect of discrimination based on disability or
perpetuate the discrimination of others who are subject to
common administrative control;
 Providing less compensation, such as salary, wage, or other
forms of remuneration and fringe benefits, to a qualified
disabled employee, because of his disability, than the amount
to which a non-disabled person performing the same work is
entitled;
 Favoring a non-disabled employee over a qualified disabled
employee for promotion, training opportunities, study, and
scholarship grants, solely on account of the latter’s disability;
Republic Act No. 7277, also known as the
Magna Carta for Disabled Persons

 Reassigning or transferring a disabled employee to a job or


position he cannot perform because of his disability;

 Dismissing or terminating the services of a disabled employee


because 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 disabled persons;
Republic Act No. 7277, also known as the
Magna Carta for Disabled Persons

Failing to select or administer in the most effective manner


employment test to which accurately reflects the skills,
aptitude, or other factors of the disabled applicant or
employee that such test purports to measure, rather than the
impaired sensory, manual, or speaking skills of such applicant
or employee if any; and

 Excluding disabled persons from membership in labor unions


or similar organizations.
Republic Act No. 6725, An Act Strengthening the
Prohibition on Discrimination against Women
Concerning Terms and Conditions of Employment

The following are acts of discrimination:

 Payment of a lesser compensation, including wage, salary, or


other forms of remuneration and fringe benefits, to a female
employee as against a male employee, for work of equal
value; and
Favoring a male employee over a female employee concerning
promotion, training opportunities, study, and scholarship
grants solely on account of their sexes.
Presidential Decree No. 966 (July 20, 1976), Declaring
Violations of the International Convention on the Elimination
of All Forms of Racial Discrimination to be Criminal Offenses
and Providing Penalties Thereof.

All organizations and all propaganda activities, which promote


and incite racial discrimination, are illegal and prohibited.
Violations of Presidential Decree No. 966 and the International
Convention on the Elimination of All Forms of Racial
Discrimination shall result in criminal liability.
Employment of Women

It is the policy of the State to protect the working women by


providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them
to realize their full potential in the service of the nation.

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