THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
Introduced by SENATOR LUISA "LOI" P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution and the Labor Code direct the State to promote equality of 
einployment opportunities for all, regardless of sex, race or creed. The word "sex" in the 
pertinent provision of the Labor Code, however, pertains only to the male or female 
gender and does not include homosexuals, bisexuals or heterosexuals. Consequently, 
there is no identifiable law or statute that specifically prohibits work discrimination on 
the basis of homosexuality, bisexuality or heterosexuality. 
This bill fills the gap by 
prohibiting employment discrimination on the basis of sexual orientation. 
Hence, the speedy approval of this bill is earnestly sought. 
LUISA "LOP .$. EJERCITO ESTRADA 
Senator 


THIRTEEN CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
Introduced by SENATOR LUISA "LOI'' P. EJERCITO ESTRADA 
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 iii 
Congress assembled: 
Section 1. 
Short Title. - This Act may be cited as the "Employment Non- 
Discrimination Act of 2004." 
Sec. 2. Declaration of Policy. - It is declared a State policy to ensure equal work 
opportunities for all regardless of sexual orientation. 
Sec. 3. Definition of Terms. - As used in this Act: 
(a) 
The term "cover entity" means an employer, employment 
agency, 
labor 
organization 
or joint 
labor management 
committee. 
(b) 
The term "employer" means 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, 
subdivision and instrumentalities, all government-owned or 
controlled corporations and institutions, as well as non-profit 
private institutions or organizations. 
(c) 
The tenn "employee" means any individual employed by an 
employer. 
(d) 
The term "employment agency" means any person regularly 
undertaking with or without compensation to procure employees 


for an employer or to procure for employees opportunities to 
work for an employer and includes an agent of such person. 
The term “employment or employment opportunities” includes 
job application procedures, hiring, advancement, discharge, 
compensation, job training or any other term, condition or 
privilege of employment. 
The term “labor organization ” means any union or association 
of employees which exists in whole or in part for the purpose of 
collective bargaining or of dealing with employment concerning 
teims and conditions of employment. 
(e) 
(f) 
(8) 
The tenn ‘‘person’’ includes one or more individuals, the 
Government 
and 
all 
its 
branches, 
subdivision 
and 
instrumentalities, 
all 
government-owned 
or 
controlled 
corporations and institutions, as well as non-profit institutions or 
organizations, 
labor 
unions, 
partnerships, 
associations, 
corporations, legal representatives, mutual companies, joint- 
stock companies, trusts, unincorporated organizations, trustees or 
receivers. 
The term “religious organization ” means 
(i) 
A religious corporation, association or society, or 
(ii) 
A college, school, university or other educational 
(11) 
institution not otherwise a religious organization, if: 
(a) 
it is in whole or substantial part controlled, 
managed, owned or supported by a religious 
corporation, association or society, or 
(b) 
its curriculum is directed toward the propagation 
of a particular religion. 
(i) 
The term “sexual orientation” means homosexuality, bisexuality or 
Iieterosexuality, whether such orientation is real or perceived. 
(‘j) 
The term “State” means the national government and all its branches, 
subdivision and instrumentalities and all government-owned or controlled 
corporations and institutions. 


Sec. 4. Prohibited Practices. - It shall be an unlawful employment practice: 
(a) 
for an employer - 
(i) 
(ii) 
(iii) 
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 privileges of employment, 
because of such individual's sexual orientation; 
to limit, segregate or classify his employees or applicants for 
employment in any way which would deprive or tend to deprive 
any individual or employment opportunities or otherwise adversely 
affect his status as an employee, because of such individual's 
sexual orientation; and 
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 eniployment agency - 
(i) 
to fail or refuse to refer for employment any individual because of 
his sexual orientation; and 
(ii) 
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 - 
(i) 
to exclude or to expel from its membership any individual because 
of his sexual orientation; 
(ii) 
to limit, segregate or classify its membership, or applicants for 
membership or to classify or fail or refLise to refer for employment 
any individual, in any way which 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; 
(iii) 
to cause or attempt to cause an employer to discriminate against an 
individual in violation of this section; and 
(iv) 
to otheiwise 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 for the willful commission of any unlawfbl 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 Articles 288 and 289 of the Labor Code: 
Provided, That the institution of any criminal action under this section shall not 
bar the aggrieved einployee from filing an entirely separate and distinct action for money 
claims, which may include claims for damages and other affirmative relief. The actions 
authorized in this section shall proceed independently of each other. 
Sec. 5. Benefits. - This Act does not apply to the provision of employee benefits 
to an individual for the benefit of his or her partner. 
Sec. 6. Religious Exemption. - 
(a) 
In General. - Except as provided in subsection (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. 
Sec. 7. Non application to members of the Armed Forces. 
(a) 
For purposes of this Act, the term "employment or employment 
opportunities" does not apply to members of the Armed Forces. 


(b) 
As used in paragraph (a), the term "Armed Forces" means Army, Navy, 
Air Force, Marine Corps, Coast Guard and the Philippine National Police. 
Sec. 8. Retaliation and Coercion Prohibited. - 
Retaliation - A covered entity shall not discriminate against an individual 
because such individual opposed any act or practice prohibited by this Act 
or because such individual made a charge, assisted, testified or participated 
in any manner in an investigation, proceeding or hearing under this Act. 
Coercion - A person shall not coerce, intimidate, threaten or interfere with 
any individual in the exercise or enjoyment of, or on account of his or her 
having exercised, enjoyed, assisted or encouraged the exercise or 
enjoyment of, any right granted or protected by this Act. 
9. Enforcement. - The Secretary of Labor and Employment and the 
Chainnan of the Civil Service Commission are hereby authorized to promuIgate the 
necessary guidelines to implement this Act. 
Sec. 10. State Immunity. - The State shall not be immune fi-om an action in a 
court of competent jurisdiction for a violation of this Act. In an action against the State 
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. 
Sec 1 1, Relation to other laws. - This Act shall not invalidate or h i t  the rights, 
remedies or procedures available to an individual claiming discrimination prohibited 
under any other law, nile or regulation. 
Sec. 12. Separability Clause. - If any section or sections of this Act shall be 
declared unconstitutional or invalid, it shall not invalidate the other sections hereof. 
Sec. 13. Effectivity. - This Act shall take effect fifteen (15) days after publication 
in at least two (2) newspapers of general circulation. 
Approved,