Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
EXPLANATORY NOTE 
The Constitution and the Labor Code direct the State to promote equality of 
employment opportunities for all, regardless of sex, race, or creed. The word “sex” in 
the pertinent provision of the Labor Code, however, pertains only to males and 
females and does not include homosexuals, bisexuals, asexuals, or heterosexuals. 
Consequently, there is no identifiable law or statute that specifically prohibits work 
discrimination based on sexual orientation.   
With the Bill of Rights declaring that no person shall be denied equal protection of the 
laws, this bill fills the gap by prohibiting employment discrimination based on sexual 
orientation. With the long-standing plight of the LGBTQIA++ community in our country, 
this measure seeks to strengthen our policies to protect their rights as part of our 
labor workforce and as citizens in general.  
In view of the foregoing, passage of this bill is earnestly sought. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
September 28, 2023
1:05 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
AN ACT 
TO PROHIBIT EMPLOYMENT DISCRIMINATION ON THE BASIS OF SEXUAL 
ORIENTATION 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Employment 
Non-Discrimination Act”. 
SECTION 2. Declaration of Policy. – It is a declared State policy to ensure equal 
work opportunities. Pursuant to this policy, it shall prohibit discrimination committed 
by an employer against an employee on the basis of the latter’s sexual orientation.  
SECTION 3. Definition of Terms. – As used in this Act, the term: 
(A)
“Covered entity” means an employer, employment agency, labor
organization, or joint management committee; 
(B)
“Employer” includes any person acting directly or indirectly in the interest
of an employer in relation to an employee and shall include the Government and its 
branches, subdivisions, and instrumentalities, all government-owned and controlled 
corporations, as well as non-profit private institutions, or organizations; 
(C)
“Employee” includes any individual employed by an employer;
(D)
“Employment agency” means any person regularly undertaking with or
without compensation to procure employees for an employer or to procure for 
employees as opportunities to work for an employer and includes an agent of such a 
person; 
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(E) 
“Employment” or “employment opportunities” includes job application 
procedures, hiring, advancement, discharge, compensation, job training or of dealing 
with employment concerning terms and conditions of employment;  
(F) 
“Person” includes one or more individuals the Government and all its 
branches, subdivision and instrumentalities, all government-owned and controlled 
corporations and institutions, as well as non-profit private institutions, or organizations, 
labor unions, partnerships, associations, corporations, legal representatives, mutual 
companies, joint-stock companies, trusts, unincorporated organizations, trustees, or 
receivers.   
(G) 
“Religious organizations” means— 
(1) 
A religious corporation, association, or society; or 
(2) 
A college, school, university, or other educational part controlled, 
managed, owned, or supported by a religious corporation, association, 
or society whose curriculum is directed toward the propagation of a 
particular religion; 
(H) 
“Sexual orientation” means homosexuality, bisexuality, or heterosexuality, 
whether such orientation is real or perceived; and 
(I)   
“State” means the national government and all its branches, subdivisions, 
and instrumentalities, and all government-owned and controlled corporations and 
institutions. 
 
SECTION 4. Prohibited Practices. – It shall be an unlawful employment practice: 
(A) For an employer— 
(1) 
To fail or refuse to hire or to discharge any individual, or otherwise to 
discriminate against any individual with respect to his compensation, terms, 
conditions, or privileged of employment, because of such individual’s sexual 
orientation;  
(2) 
To limit, segregate, or classify his employees or applicants for employment in 
any way which would deprive or tend to deprive any individual of employment 
opportunities or otherwise adversely affect his status as an employee, 
because of such individual’s sexual orientation; and 
(3) 
To otherwise discriminate against an individual based on the sexual 
orientation of persons with whom such individual is believed to associate or to 
have associated with; 


 
 
(B) For an employment agency— 
(1) 
To fail or refuse to refer for employment because of his sexual orientation; 
and 
(2) 
To otherwise discriminate against an individual based on the sexual 
orientation of persons with whom such individual is believed to associate or to 
have associated with.   
(C) For a labor organization— 
(1) 
To exclude or to expel from its membership any individual because of his 
sexual orientation;  
(2) 
To limit, segregate, or classify its membership or applicants for member, or to 
classify or fail or refuse to refer for employment any individual, in any way 
which would deprive or tend to deprive any individual of employment 
opportunities, or would limit such employment opportunities or otherwise 
adversely affect his status as an employee or as an applicant for employment, 
because of such individual’s sexual orientation;  
(3) 
To cause or attempt to cause an employer to discriminate against an 
individual in violation of this section; and  
(4) 
To otherwise discriminate against an individual based on the sexual 
orientation of persons with whom such individual is believed to associate or to 
have associated with. 
Criminal liability of the willful commission of any unlawful act as provided in this 
section or any violation of the rules and regulations issued pursuant to Section 9 of 
this Act shall be penalized as provided in Article 288 and 289 of the Labor Code: 
Provided, that the institution of any criminal action under this section shall not bar the 
aggrieved employee from filing an entirely separate and distinct action for money 
claims, which may include claims for damages and other affirmative reliefs.  The 
actions authorized in this section shall proceed independently of each other. 
 
 
SECTION 5. Benefits. – This Act does not apply provision of employee benefits to an 
individual for the benefit of his or her partner. 
 
SECTION 6. Religious Exemption. –  
(A)  In General. – Except as provided in paragraph (B), this Act shall not apply to 
religious organizations. 


 
 
(B) For Profit Activities. – This Act shall apply with respect to employment and 
employment opportunities that relate to any employment position that pertains solely 
to a religious organization’s for-profit activities. 
 
SECTION 7. Non-Application to Member of the Armed Forces. – For the purpose 
of this Act, the term employment or employment opportunities does not apply to 
members of the Armed Forces. The term Armed Forces means the Army, Navy, Air 
Force, Marine Corps, Coast Guard, and the Philippine National Police.  
 
SECTION 8. Retaliation and Coercion Prohibited. –  
(A) Retaliation. – A Covered entity shall not discriminate against an individual 
because such individual made a charge, assisted, testified, or participated in any 
means in an investigation, proceeding, or hearing under this Act. 
(B) Coercion. – A person shall not coerce, intimate, threaten, or interfere with any 
individuals in the exercise or enjoyment of any right granted or protected under this 
Act.  
 
SECTION 9. Enforcement. – The Secretary of Labor and Employment and the 
Chairman of the Civil Service Commission are hereby authorized to promulgate the 
necessary guideline to implement this Act. 
 
SECTION 10. State Immunity. – The Secretary shall not be immune from an action 
in a court of competent jurisdiction for a violation of this Act, remedies, excluding 
punitive damages, are available for the violation to the same extent as such remedies 
are available in an action against a private entity. 
 
SECTION 11. Relationship to Other Laws. – This Act shall not invalidate or limit the 
rights, remedies, or procedures available to an individual claiming discrimination 
prohibited under any other law, rule, or regulation. 
 
SECTION 12. Separability Clause. – If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting.  
 


 
 
SECTION 13. 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 14. Effectivity Clause. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or at least two (2) newspapers of general 
circulation.  
 
Approved,