FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
Third Regular Session 
9 JUL 21 i:2 :i2 
S E N A T E  
S.B. No. 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, section 18 states: "The State affirms labor as a 
primary social economic force. It shall protect the rights of workers and promote their 
welfare." 
On the other hand, the Constitution, Article 13, section 3, provides: "The State 
shall afford full protection to labor, local and overseas, organized and unorganized, and 
promote full employment and equality of employment opportunities for all. xxx" 
The Labor Code only prohibits discrimination against any woman employee with 
respect to terms and conditions of employment solely on account of her sex; it does not 
address the widespread pattern of irrational discrimination on the basis of sexual 
orientation or gender identity by private sector employers and local and national 
government employers.' 
Thus, this bill seeks to provide a comprehensive prohibition of employment 
discrimination on the basis of sexual orientation or gender identity and to provide 
meaningful and effective remedies for employment discrimination on the basis of sexual 
orientation or gender identity. 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
’ 
OF THE PHILIPPINES 
) 
Third Regular Session 
f? 
JUL 21 P Z  :32 
S E N A T E  
Introduced by Senator Miriam Defensor Santiago 
/ 
AN ACT 
PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF SEXUAL 
ORIENTATION OR GENDER IDENTITY 
Be it enacted by the Senate and the House of Representatives ofthe Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Employment Non- 
Discrimination Act of 2009”. 
SECTION 2. Defkitions. - For purposes of this Act, the term: 
(1) “Gender Identity” means the gender-related identity, appearance, or 
mannerisms or other gender-related characteristics o€ an individual, with or 
without regard to the individual’s designated sex at birth. 
(2) “Sexual Orientation” means homosexuality, heterosexuality, or bisexuality. 
SECTION 3. Employment Discrimination Prohibited. - 
(A) Employer Practices. - It shall be an unlawful employment practice for an 
employer to: 
(1) fail or refuse to hire or to discharge any individual, or otherwise discriminate 
against any individual with respect to the compensation, terms, conditions, or 
privileges of employment of the individual, because of such individual’s 
actual or perceived sexual orientation or gender identity; or 
(2) limit, segregate, or classify the employees or applicants for employment of the 
employer in any way that would deprive or tend to deprive any individual of 
employment or otherwise adversely affect the status of the individual as an 
employee, because of such individual’s actual or perceived sexual orientation 
or gender identity. 
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(B) Employment Agency Practices. - It shall be an unlawful employment practice 
for an employment agency to fail or refuse to refer for employment, or otherwise to 
discriminate against, any individual because of the actual or perceived sexual orientation 
or gender identity of the individual or to classify or refer for employment any individual 
on the basis of the actual or perceived sexual orientation or gender identity of the 
individual. 
(C) Labor Organization Practices. - It shall be an unlawful employment practice 
for a labor organization to: 
(1) exclude or to expel from its membership, or otherwise to discriminate against, 
any individual because of the actual or perceived sexual orientation or gender 
identity of the individual; 
(2) limit, segregate, or classify its membership or applicants for membership, or 
to classify or fail or refuse to refer for employment any individual, in any way 
that would deprive or tend to deprive any individual of employment, or would 
limit such employment or otherwise adversely affect the status of the 
individual as an employee or as an applicant for employment because of such 
individual’s actual or perceived sexual orientation or gender identity; or 
(3) cause or attempt to cause an employer to discriminate against an individual in 
violation of this Act. 
(D) Training Programs. - It shall be an unlawful employment practice for any 
employer, labor organization, or joint labor-management committee controlling 
apprenticeship or other training or retraining, including on-the-job training programs, to 
discriminate against any individual because of the actual or perceived sexual orientation 
or gender identity of the individual in admission to, or employment in, any program 
established to provide apprenticeship or other training. 
(E) Associatiorz. - An unlawhl employment practice described in any of 
paragraphs (A) through (D) shall be considered to include an action described in that 
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paragraph, taken against an individual based on the actual or perceived sexual orientation 
or gender identity of a person with whom the individual associates or has associated. 
(F) No Prefeiwztiul Treatment or Quotas. -Nothing in this Act shall be construed 
or interpreted to require or permit: 
(1) any covered entity to grant preferential treatment to any individual or to any 
group because of the actual or perceived sexual orientation or gender identity 
of such individual or group on account of an imbalance which may exist with 
respect to the total number or percentage of persons of any actual or perceived 
sexual orientation or gender identity employed by any employer, referred or 
classified for employnent by any employment agency or labor organization, 
admitted to membership or classified by any labor organization, or admitted 
to, or employed in, any apprenticeship or other training program, in 
comparison with the total number or percentage of persons of such actual or 
perceived sexual orientation or gender identity in any community, section, or 
other area, or in the available work force in any community, section, or other 
area; or 
(2) the adoption or implementation by a covered entity of a quota on the basis of 
actual or perceived sexual orientation or gender identity. 
SECTION 4. Exception. -The provisions of this Act that apply to an employee or 
individual shall not apply to a volunteer who receives no compensation. 
SECTION 5. Retaliation Prohibited. - It shall be an unlawful employment 
practice for a covered entity to discriminate against an individual because such 
individual: 
(1) opposed any practice made an unlawful employment practice by this Act; or 
(2) made a charge, testified, assisted, or participated in any manner in an 
investigation, proceeding, or hearing under this Act. 
SECTION 6. Construction. - 
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(1) In General. - Nothing in this Act shall be construed to prohibit a covered 
entity from enforcing rules and policies that do not intentionally circumvent 
the purposes of this Act, if the rules ‘or policies are designed for, and 
uniformly applied to, all individuals regardless of actual or perceived sexual 
orientation or gender identity. 
(2) Sexual Harassment. -Nothing in this Act shall be construed to limit a covered 
entity from taking adverse action against an individual because of a charge of 
sexual harassment against that individual, provided that rules and policies on 
sexual harassment, including when adverse action is taken, are designed for, 
and uniformly applied to, all individuals regardless of actual or perceived 
sexual orientation or gender identity. 
(3) Certain Shared Facilities. -Nothing in this Act shall be construed to establish 
an unlawful employment practice based on actual or perceived gender identity 
due to the denial of access to shared shower or dressing facilities in which 
being seen unclothed is unavoidable, provided that the employer provides 
reasonable access to adequate facilities that are not inconsistent with the 
employee’s gender identity as established with the employer at the time of 
employment or upon notification to the employer that the employee has 
undergone or is undergoing gender transition, whichever is later. 
(4) Additional Facilities Not Required. -Nothing in this Act shall be construed to 
require the construction of new or additional facilities. 
( 5 )  Dress and Grooming Standards. - Nothing in this Act shall prohibit an 
employer from requiring an employee, during the employee’s hours at work, 
to adhere to reasonable dress or grooming standards not prohibited by other 
provisions of any law, provided that the employer permits any employee who 
has undergone gender transition prior to the time of employment, and any 
employee who has notified the employer that the employee has undergone or 
is undergoing gender transition after the time of employment, to adhere to the 
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same dress or grooming standards for the gender to which the employee has 
transitioned or is transitioning. 
SECTION 7. Collection of Statistics Prohibited. - The Department of Labor and 
Employment (DOLE) shall not collect statistics on actual or perceived sexual orientation 
or gender identity from covered entities, or compel the collection of such statistics by 
covered entities. 
SECTION 8. Penalty Clause and Prescription. - Any person committing any 
violation of this Act shall be punished with imprisonment of not exceeding 6 years, or a 
fine not exceeding P200,OOO.OO or both at the discretion of the court. 
If the unlawful act is committed by a corporation, trust, firm, 
employment agency, 
labor organization, partnership, association or any other entity, the penalty shall be 
imposed upon the guilty officer or officers of such entity. 
Offenses penalized under this Act shall prescribe in 3 years. 
SECTION 9. Separability Clause. - If any provision or part hereof, is held invalid 
or unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
remain valid and subsisting. 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
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