Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8430

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TO PROHIBIT EMPLOYMENT DISCRIMINATION
ON THE BASIS OF SEXUAL ORIENTATION

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 the male and the 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.

LUIS RAYMI 'LRAY” ILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Queson City

EIGHTEENTH CONGRESS:
Second Regular Session

HOUSE BILL NO8490_

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
loyer against an employee on the basis of 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;

(E) “Employment” or “employment opportunities” includes job application procedures,
hiring, advancement, discharge, compensation, job training or of dealing with
employment conceming 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) Areligious 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
()) “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;

(8) 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 to the 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
mployment opportunities that relate to any employment position that pertains solely to a

\s 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 » 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
Pubiication in at least two (2) newspapers of general circulation.

Approved,