, 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
,,' n ( 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENA:r434 
S.B.No. 
. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Employment discrimination occurs whenever an employer or its representatives 
adversely single out employees or applicants on the basis of age, race, gender, sexual 
orientation, disability, religion and a variety of other reasons. 
, 
Under the equal Protection Clause of the Constitution, employers can't 
discriminate against a person in any aspect of employment, such as: hiring and firing; 
compensation; assigmnent; or cIas~ification of employees; transfer; promotion; layoff; or 
recall; job advertisements; recruitment; testing; use of company facilities; training and 
apprenticeship programs; fringe benefits; pay; retirement plans; and disability leave. 
ARTICLE III 
Bill of Rights 
SEC. 1. No person shall be deprived of life, liberty, or 
property without due process of law, nor shall any person 
be denied the equal protection of the laws. 
To be considered as "illegal", such discrimination must however be in violation of 
a specific law. Otherwise, no protection from discrimination may be had even how unfair 
or unethical it may seem. 


For example, an employer 'may be harder on a specific employee from anyone 
else for no apparent reason, While it might be unethical behavior for a boss, it's not 
discrimination by law, But ifhe or she is extra hard on the employee for a reason that's 
protected by law, such as religion, age or sex, then such shall constitute illegal 
discrimination, especially if such employee suffers damage such as getting passed over 
for a well-deserved raise or promotion. 
This measure seeks to prevent certain acts of discrimination to protect employees 
and advocate the equal protection c~·ause ofthe Constitution. 
2 


FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
9 
SEP lOP 1 >1<1) 
SENA'LE 
S.'B. NO. 
;.1434 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
PROHIBITING UNLAWFUL EMPLOYMENT PRACTICES RESULTING TO 
3 
DISCRIMINATION IN EMPLOYMENT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION 1. Title. - This Act shall otherwise be known as the "Unlawful 
5 
Employment Practice Act of 20 10" 
6 
SEC. 2. Definitions. - The following terms as used in this Act shall mean as 
7 
follows: 
8 
9 
10 
II 
12 
13 
a) 
b) 
"Employer" - means any person regularly employing one or more persons 
or regularly receiving the services of one or more persons providing 
services pursuant to' a contract, or any person acting as an agent of an 
employer, directly or indirectly, the national government, local 
government, or any political subdivision. 
"Harassment" - includes sexual harassment, gender harassment, and 
14 
harassment based on pregnancy, childbirth, or related medical conditions. 
15 
SEC. 3. Prohibited Acts. - It shall be unlawful for any employer to do any of the 
16 
fonowing: 
17 
18 
19 
20 
21 
a) 
To refuse to hire or employ the person or to refuse to select the person for 
a training program leading to employment, or to bar or to discharge the 
person from employment or from a training 
prog~am leading to 
employment, or to discriminate against the person in compensation or in 
terms, conditions, or priVileges of employment, because of the race, 
3 


22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
b) 
c) 
d) 
religious creed, color, national origin, ancestry, physical disability, mental 
disability, medical condition, marital status, sex, age, or sexual orientation 
of any person, 
To discriminate against any person in the selection or training of that 
person in any apprenticeship training progranl or any other training 
program leading to employment because of the race, religious creed, color, 
national origin, anc!!stry, physical disability, mental disability, medical 
condition, marital status, sex, age, or sexual oricntation of the person 
discriminated against. 
For any employer or employment agency to print or circulate or cause to 
be printed or circulated any publication, or to make any non-jab-related 
inquiry of an employee or applicant, either verbal or through use of an 
application form, that expresses, directly or indirectly, any limitation, 
specification, or discrimination as to race, religious creed, color, national 
origin, ancestry, physical disability, mental disability, medical condition, 
marital status, sex, age, or sexual orientation, or any intent to make any 
such limitation, specification or discrimination. 
Nothing in this part 
prohibits an employer or employment agency from inquiring into the age 
of an applicant, or from specifying age limitations, where the law compels 
or provides for that action. 
For any employer, labor organization, employment agency, or person to 
dischargc, expcl, or otherwise discriminate against any person because the 
44 
person has opposed any practices forbidden under this part or because the 
45 
person has filed a complaint, testified, or assisted in any proceeding under 
46 
this part. 
47 
SEC. 4 Exceptions - The following are the exceptions to the provisions of this 
48 
act: 
49 
50 
51 
52 
53 
a) 
An employer may 'refuse to hire or discharging an employee with a 
medical condition or physical or mental disability, or subject an employer 
to any legal liability resulting from the refusal to employ or the discharge 
of an employee with a physical or mental disability, where the employee, 
because of his or her physical or mental disability, is unable to perform his 
4 


54 
55 
56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
b) 
c) 
d) 
e) 
or her essential duti.es even with reasonable accommodations, or cannot 
perform those duties in a manner that would not endanger his or her health 
or safety or the health or safety of others even with reasonable 
accommodations. 
An employer or employment agency may inquire into the ability of an 
applicant to perform job-related functions and may respond to an 
applicant's request for reasonable accommodation. 
An employer or employment agency may require a medical or 
psychological examination or make a medical or psychological inquiry of 
a job applicant after an employment offer has been made but prior to the 
commencement of employment duties, provided that the examination or 
inquiry is job-related and consistent with business necessity and that all 
entering employees in the same job classification are subject to the same 
examination or inquiry. 
An employer or employment agency to require any medical or 
psychological examination of an employee, to make any medical or 
psychological inquiry of an employee, to make any inquiry whether an 
employee has a mental disability, physical disability, or medical condition, 
or to make any inquiry regarding the nature or severity of a physical 
disability, mental disability, or medical condition. 
An employer or employment agency may require any examinations or 
75 
inquiries that it can show to be job-related and consistent with business 
76 
necessity. An employer or employment agency may conduct voluntary 
77 
medical examinations, including voluntary medical histories, which are 
78 
part of an employee health program available to employees at that 
79 
worksite. 
80 
SEC. 5. Penalties. - Any person who shall violate any provision of this Act shall 
81 
upon conviction, be subj ect to a fine of not less than One hundred thousand pesos 
82 
(PlOO,OOO.OO) but not more than One Million Pesos (PI,OOO,OOO.OO) or imprisonment of 
83 
not less than six (6) years but not more than twelve (12) years, or both upon the discretion 
84 
of the court. 
85 
86 
In case the violation is committed by, or in the interest of a juridical person 
5 


87 
duly licensed to engage in business in the Philippines, such license to engage in business 
88 
shall also be immediately revoked. 
89 
SEC 6. Separability Clause: - If any provision or part thereof is held invalid or 
90 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
91 
remain valid and subsisting. 
92 
SEC 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
93 
order, letter of instruction, administrative order, rule or regulation contrary to, or 
94 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
95 
accordingly. 
96 
SEC 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
97 
publication in at least two (2) newspapers of general circulation. 
Approved. 
6