SIXTEENTH CONGRESS OF THE) f " 1 2 DEC 21

REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE of REPRESENTATIVES
House Bill No, _ 3632

Introduced by: ATTY. MA. THERESA B. BONOAN
4 District, City of Manila

EXPLANATORY NOTE

The 1987 Constitution, Article Il, Section 14 provides for
the fundamental equality of the sexes, thus: “The state recognizes
the role of women in nation-building, and shall ensure the
fundamental equality before the law of men and women.”

Discrimination by reason of sex is usually effected by subtle and
elusive means especially in employment advertising. This
discrimination is widespread and done publicly, notwithstanding the
above constitutional mandate.

The main objective of this bill is to institutionalize the protection
given to both sexes by eliminating gender discrimination in
employment advertising and by providing penalties for violations
thereof.

In view of the foregoing, the passage of this bill is earnestly

sought.
ATTY. MA. THERESA B. BONOAN

4th District, City of Manila


SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE of REPRESENTA" ES,
House Bill No. 3632

Introduced by: MA. THERESA B. BONOAN
4 District, City of Manila

AN ACT TO PROHIBIT GENDER DISCRIMINATION IN
EMPLOYMENT ADVERTISING

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

SECTION 1. Short Title.. - This Act shall be known as “Anti-Gender
Discrimination in Employment Advertising Act.”

SECTION 2. Declaration of Policy. - It is the policy of the State to
ensure equality of men and women by prohibiting gender
discrimination in job opportunities advertising.

SECTION 3. Definition of Terms. - For purposes of this Act, the term:

a) “Employer” includes any person acting in the interest of an
employer, directly or indirectly. The term shall not include any
labor organization or any of its officers or agents except when
acting as employer.


b) “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 employers concerning
terms and condition of employment

“private Employment Agency” means any person or entity engaged
in the recruitment and placement of workers for a fee which is
charged, directly or indirectly, from the workers or employers or
both.

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d) “Recruitment and Placement” refers to any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, procuring
workers and. other similar acts, and includes referrals, locally or
abroad, whether for profit or not: Provided, That any person or
entity which, in any manner, offers or promises for a fee
employment to two or more persons shall be deemed engaged in
recruitment and placement.

SECTION 4. Prohibited Acts. --

a) It shall be an unlawful discriminatory practice for any employer,
whether for profit or not, any labor organization or any private
employment agency to print, circulate or publish or cause to be
printed, circulated or published any statement, circulation or
publication relating to employment by such an employer or
membership in or any classification or referral for
employment by such an employment agency, indicating any
preference, ~ limitation, specification or discrimination, based on
sex, except that such a notice or advertisement may indicate a
preference, limitation, specification or discrimination based on
sex when sex is a _bonafide occupational qualification for
employment.

&

It shall be an unlawful discriminatory practice for any person to
aid, abet, incite, compel or coerce the doing of any of the acts
forbidden under this section or to attempt to do so.

SECTION 5. Certification of Exemption. - The Department of Labor
and Employment shall have the power and it shall be its duty to
certify upon request of any person that a particular occupation or
position is exempt from the provisions of this Act relating to unlawful
employment practices if the Department of Labor and Employment
finds that the occupation or position reasonably requires the


employment of a person or persons of a particular sex and that such
certification is not sought as means of circumventing the spirit and
purpose of this Act.

The burden of proving the facts required for such a finding
shall be on the person requesting the certification of exemption
from the provisions of this Act

SECTION 6. Guideline. - The placement of and advertisement in
columns classified by publishers on the basis of sex, such columns
headed “Male” or “Female” will be considered an expression of
preference, limitation, specification or discrimination based on sex
provided that the advertisement shall contain a sufficient notice that it
is covered by the exemption to be determined by the Department of
Labor and Employment as provided for in Section 5 hereof

SECTION 7. Prevention of Unlawful Employment Practices,  -
Whenever it is charged in writing under oath by a person claiming to
be aggrieved, or a written charge has been filed by the Department
of Labor and Employnient or its authorized representative where
there is a reasonable cause to believe, that a violation of this Act as
occurred that an employer, private employment agency or labor
organization has engaged in an unlawful employment practice, the
Department of Labor and Employment shall furnish such employer,
private employment agency, or labor organization with a copy of such
charge and make an investigation of such charge, provided that
such charge shall not be made public by the Department of Labor and
Employment.

If the Department of Labor and Employment shall determine,
after such investigation, that there is a reasonable cause to
believe that the charge is true, the Department of Labor and
Employment, shall endeavor to eliminate any such alleged
unlawful employment practice.

SECTION 8. Regulations. - The Department of Labor and Employment
(DOLE) shall promulgate rules and regulations to implement the
provisions of this Act.


SECTION 9. Scope. - The provisions of this Act shall apply only to
employment advertising by private employer, labor organization,
private employment agency and other private entities.

SECTION 10. Penalties. - Any violation of this Act shall be punished
with a fine of not less than ten thousand pesos (PS50,000.00) or
imprisonment of not less than three (3) months 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.

SECTION 11. Repealing Clause. - All laws, decrees, orders, rules and
regulations or other issuances or parts thereof inconsistent with the
provisions ofthis Act are hereby repealed or modified accordingly.

SECTION 12. Separability Clause.'- If any portion or provision of this
Act is declared unconstitutional, the remainder of this Act or any
provision not affected thereby shall remain in force and effect.

SECTION 13. Effectivity. - This Act shall take effect after fifteen (15)

days following the completion of its publication either in the Official
Gazette or in a newspaper of general circulation in the Philippines.

Approved.