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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _ 2392

Introduced by Honorable Florida P. Robes

EXPLANATORY NOTE

Despite claims that unemployment rate has ebbed away during the previous
administration as a result of the rapid economic growth, many Filipinos still find it
difficult to seek employment due to some factors that characterize discrimination in
employment. Discrimination happens when employers or labor contractors require a
particular preference for employment or when rules or practices purports to be non-
discriminatory but in reality lead to exclusions. To make things worse, people claim
that our society adheres to "whom you know not what you know” employment policy.
Clearly, this contravenes State policy on equality. As such, the State should accord
equal opportunities to all individuals and provide avenues that will develop fully the
knowledge, skills and competencies that are relevant to the economic activities they
wish to pursue. There should be measures that will put importance to diversity in
culture, language, family circumstances, and belief systems and establish a more
comprehensive approaches for the elimination of discrimination in employment and
occupation.

Hence, it is a mandate of the government to regulate the conditions of
employment. Policies and practices related to hiring, assignment of tasks, working
conditions, pay, benefits, promotions, lay-offs and termination of employment must
highlight that merits and abilities to do a job should be the basis of employment
rather than irrelevant characteristics such as race and ethnicity, color, religion and
religious beliefs, sex and sexual orientation, disability, political affiliation, marital
status and other preferences which discriminate applicants such as preference over
graduates of specific universities or presence of a medical condition such as HIV-
AIDs.

This proposed legislation seeks to eliminate discrimination in employment by
dismantling barriers and ensuring fair and equitable treatment in employment. Its


overall policy objective is not just to ensure that all employees or job applicants have
an equal opportunity to engage in the employment market but also to level ‘the
playing field’ so that certain classes of people who have been discriminated against in
the past are not subjected to adverse treatment based upon certain characteristics
that have nothing to do with being a qualified job applicant or employee. ‘The State
should not tolerate discrimination or harassment based on any of these
characteristics.

Considering the aforementioned, the passage of this bill is earnestly sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2392

Introduced by Honorable Florida P. Robes

AN ACT PROVIDING FOR EQUAL EMPLOYMENT OPPORTUNITY AND
EQUITABLE TREATMENT IN EMPLOYMENT TO ALL PERSONS AND
PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. This Act shall be known as the "Equal
Employment Opportunity Act”.

SEC. 2. Declaration of Policy. It is hereby declared a policy of the State to
provide equal opportunity in employment for all qualified persons in order to
promote the full realization of equal opportunity through a positive, continuing
program in both public and private agencies as to ensure a fair employment policy
and practice and to provide employees and workers a work environment free of
discrimination and harassment.

SEC. 3. Definition of Terms. - As used in this Act, the following terms
shall mean:

(a) “Employee” — refers to a person who performs professional,
managerial or administrative work and is paid salaries by the
employer as compensation for services rendered.

(b) “Employer” - refers to any person acting directly or indirectly in
the interest of an employer in relation to an employee or worker
and shall include the government and all its branches,
subdivisions and instrumentalities, all government-owned or
controlled corporations and institutions, as well as non-profit
private institutions, or organizations.


(©) “Job Applicant” - refers to a person who applies for a post-
employment.

(d) “Labor Contractor" -refers to any person or an agent of that
person who regularly undertakes, with or without compensation,
the procurement of employees or workers for an employer, or
the procurement for employees or workers opportunities to
work for an employer.

(e) “Labor Organization" — refers to any union or association of
employees or workers which exists in whole or in part for the
purpose of collective bargaining or for dealing with employers
concerning terms and conditions of employment.

() “Publisher” — refers to any person or juridical entity engaged in
the printing of information on paper and its distribution, buying
or securing of airtime or space on television, radio or the
internet, and other similar media.

(g) “Worker” — refers to a person who performs manual labor
involving skilled or unskilled work, and is paid wages by the
employer as compensation for services rendered.

SEC. 4. Coverage. - The provisions of this Act shall apply to all employers,
labor contractors, and labor organizations. As such, heads of all public and private
agencies and corporations must establish and maintain a positive program of equal
employment opportunity and fair and equitable treatment in employment for all
applicants within their jurisdiction.

SEC. 5. Equal Employment Opportunity Clause. - It shall be the policy
of all employers, labor contractors, and labor organizations to provide equal
employment opportunity and fair and equitable treatment in employment to all
people regardless of race and ethnicity, color, religion and religious beliefs, sex and
sexual orientation, disability, political affiliation, marital status and other
discriminatory preferences such as preference over graduates of specific universities
or presence of a medical condition such as HIV-AIDs which undermine the capacity
and competencies of applicants.

SEC. 6. Prohibited Acts. - The following acts shall be unlawful:
(a) _ Printing or publishing, in whatever media, any notice of advertisement

relating to employment suggesting preferences, _ limitations,
specifications, and discrimination such as race and ethnicity, color,


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religion and religious beliefs, sex and sexual orientation, disability,
political affiliation, marital status and other discriminatory
preferences;

Requiring the declaration of race and ethnicity, religion and religious
beliefs, political affiliation, marital status and other discriminatory
preferences to be stated in the application form;

Declining any employment application on the ground of race and
ethnicity, color, religion and religious beliefs, sex and sexual
orientation, disability, political affiliation, marital status and other
discriminatory preferences;

Discriminating against an individual in terms of compensation, terms
and conditions, or privileges of employment on account of race and
ethnicity, color, religion and religious beliefs, sex and sexual
orientation, disability, political affiliation, marital status and other
discriminatory preferences;

Denying any employee or worker's promotion or opportunity for
training because of race and ethnicity, color, religion and religious
beliefs, sex and sexual orientation, disability, political affiliation,
marital status and other discriminatory preferences;

Forcibly laying off an employee or worker on the ground of race and
ethnicity, color, religion and religious beliefs, sex and sexual
orientation, disability, political affiliation, marital status and other
discriminatory preferences;

Imposing early retirement on the basis of race and ethnicity, color,
religion and religious beliefs, sex and sexual orientation, disability,
political affiliation, marital status and other discriminatory
preferences;

For a labor contractor or subcontractor, refusing to refer for
employment any applicant on the ground of race and ethnicity, color,
religion and religious beliefs, sex and sexual orientation, disability,
political affiliation, marital status and other discriminatory
preferences;

For a labor organization, denying or excluding from membership any
employee or worker on the ground of race and ethnicity, color, religion
and religious beliefs, sex and sexual orientation, disability, political
affiliation, marital status and other discriminatory preferences;


SEC. 6. Role of Government Agencies.- The Department of Labor and
Employment and the Civil Service Commission shall:

(a) Supervise and provide leadership and guidance in the conduct of equal
employment opportunity program for all employees;

(b) Consult with concerned individuals, groups, or organizations to facilitate
the achievement of a program for equal employment opportunity;

() Provide for the prompt, fair, and impartial consideration of all complaints
of discrimination in employment on the basis of race and ethnicity, color,
religion and religious beliefs, sex and sexual orientation, disability, political
affiliation, discriminatory preferences which undermine the capacity and
competencies of applicants

SEC. 7. Penalty. - Any violation of this Act shall be punished with a fine of
not less than fifty thousand pesos (Php50,000.00) but not more thousand pesos
(Php500,000.00), or imprisonment of not less than three (3) months but more than
two (2) years, or both, at the discretion of the court. 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 corporation, trust, firm,
partnership or association or entity.

SEC. 8, Implementing Rules and Regulations. - The Department of
Labor and Employment and the Civil Service Commission shall have the authority to
investigate and require the keeping of records necessary for the administration of
this Act. Within ninety (90) days from effectivity of this Act, the Secretary of Labor
and Employment and the Chairperson of the Civil Service Commission shall
formulate the necessary rules and regulations to implement the provisions of this
Act.

SEC. 9. Repealing Clause. - All laws, ordinances, rules and regulations,
and other issuances or parts thereof which are inconsistent with this Act are hereby
repealed or modified.

SEC. 10. Separability Clause. - If for any reason any section or provision
of this Act is declared unconstitutional or invalid, the other sections or provisions
thereof, shall not be repealed or modified.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in any two newspapers of general circulation.

Approved,