FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
:~ 1 
,-
SEN ATE 
12':"l 
S. No. ----"" ::.=c{,-
Introduced by Senator S. R. Osmefia III 
EXPLANATORY NOTE 
Article XIII, Section 3 of the Philippine Constitution provides as follows: 
"SEC. 3, 
The State shall afford full protection to labor, local and 
overseas, organized and unorganized, and promote full employment and 
equality of employment and opportunities for aiL" 
This constitutional mandate is echoed and amplified in the Labor code as 
follows: 
, "SEC, 3, 
Declaration of Basic Policy, - The State shall afford 
protection of labor, promote full employment, ensure equal work 
opportunities regardless of sex, race, or creed, and regulate the 
relations between workers and employers:' 
This bill seeks to address the absence of laws implementing this 
constitutional mandate, and ensuring legal protection against discrimination as 
far as pre-employment screening, apprenticeship and training, labor relations, 
and promotions to supervisory and managerial positions are concerned, 
Equal access to employment is the backbone of a vigorous economy 
that maximizes the productive potential of its foremost source of wealth -
its 
human resources, 
Equal opportunities is the cornerstone of a truly democratic society that 
respects the value of every individual, his right to promote his own individual 
welfare, and to contribute to the common good, 
In view of the foregoing, early passage bf this bill is earnestly requested, 
)1. jutM~ 
SERGIO OSMENA III 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
0F THE PHILIPPINES 
First Regular Session 
SEN ATE 
12""1 
S. No. --=.:::.:.::...::(_ 
) t 
) 
) 
Introduced by Senator S. R. Osmefia III 
AN ACT 
•. 9 
PROVIDING FOR EQUAL EMPLOYMENT OPPORTUNITIES, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
SECTION 1. 
Short Title. 
- This Act shall be known as the 
"Equal 
2 
Opportunity Act of 2010." 
3 
Sec. 2. 
Dec/aration of Policy.. It is hereby declared the policy of 
4 
the State to protect and enhance the right of all people to human dignity and to 
5 
reduce economic inequity by promoting equality of employment opportunities for 
6 
all regardless of sex, race, creed, age, appearance, sexual orientation, regional 
7 
or ethnic origin, disability, weight or height. 
8 
Sec. 3. 
Definition of Terms. - For purposes of this Act: 
9 
a) "Employer" shall mean a person, natural or juridical, domestic or foreign, 
JO 
who carried on in the Philippines any trade, 
business, 
industry, 
11 
undertaking, or activity of any kind and uses the services of fifteen (15) or 
12 
more employees who are under the employer's control as regards 
13 
employment for each working day in each of twenty (20) or more calendar 
14 
weeks, except the Government of the Republic of the Philippines, and any 
15 
of its political subdivisions, branches, and instrumentalities, 
including 
16 
government-owned and controlled corporations with original charters. 


b) "Employment agency" shall mean any person or entity engaged in the act of 
2 
recruitment and placement which consists of canvassing, enlisting, 
3 
contracting, 
transporting, 
utilizing, 
hiring or procuring workers, 
and 
4 
includes 
referrals, 
contract services, 
promising or advertising for 
5 
employment, locally or abroad, whether for profit or not: Provided, That 
6 
any person or entity which, in any manner, offers or promises employment 
7 
for a fee shall be deemed engaged in recruitment and placement: 
8 
Provided further, That the term shall include both "private fee-charging 
9 
employment agencies 
and private recruitment entities within the 
10 
contemplation of Book I of PD 442, otherwise known as the Labor Code, 
11 
as amended. 
12 
c) "labor organization" shall have the same meaning as defined in Article 212 
13 
' (g) of the Labor Code. 
14 
d) "Employee" shall mean an individual employed by an employer. 
15 
e) "Creed" shall include all aspects of religious observance and practice, as 
16 
well as belief, 
unless an employer demonstrates that he is unable to 
17 
reasonably accommodate to an employee's or prospective employee's 
18 
religious observance or practice without undue hardship on the conduct of 
19 
the employer's business. 
20 
f) "Age" shall refer to individuals of age forty (40) or older. 
21 
g) "Because of sex" or "on the basis of sex" shall include, but not be limited 
22 
to, because of or on the basis of pregnancy, childbirth, or related medical 
23 
conditions, 
and women affected by pregnancy, 
childbirth, 
or related 
24 
medical conditions shall be treated the same for all employment-related 
25 
purposes, including receipt of benefits under fringe benefit programs as 
26 
other persons not so affected but similar in their ability or inability to work, 
27 
and nothing in this Act shall be interpreted to permit otherwise. 
28 
h) "Disability" shall have the same meaning as in Section 4(c ) of RA 7277, 
29 
otherwise known as the Magna Carta for Disabled Persons. 
2 


i) "Secretary" shall refer to the Secretary of Labor and Employment or his 
2 
' duly authorized representative from the Bureau. 
3 
. j) "Bureau" shall refer to the Bureau of Local Employment. 
4 
k) "Labor Code" shall refer to PO 442, otherwise known as the Labor Code of 
5 
the Philippines, as amended. 
6 
Sec. 4. 
Employer Practices. -
It shall be unlawful practice for an 
7 
employer: 
8 
a) To fail or refuse to hire or to discharge any individual, or otherwise to 
9 
discriminate 
against 
any 
individual 
with 
respect 
to 
the 
laUer's 
10 
compensation, terms, conditions or privileges of employment, including but 
11 
not limited to promotion to supervisory or managerial positions because of 
12 
such individual's sex, race, creed, age, appearance, sexual orientation, 
13 
regional or ethnic origin, disability, weight or height; or 
14 
b) To limit, segregate, or classify his employees in any way which would 
15 
deprive or tend to deprive any employee of employment opportunities or 
16 
otherwise adversely affect the latter's status as an employee because of 
17 
sex, race, creed, age, appearance, sexual orientation, regional or ethnic 
18 
origin, disability, weight or height. 
19 
Sec. 5. 
Employment Agency Practices. -
It shall be unlawful 
20 
employment practice for an agency to fail or refuse to refer for employment any 
21 
individual on the basis of the laUer's sex, race, creed, age, appearance, sexual 
, 
22 
orientation, regional or ethnic origin, disability, weight or height. 
23 
Sec. 6. 
Labor Organization Practices. - It shall be unlawful practice 
24 
for a labor organization: 
25 
a) To exclude 
or to expel from its membership, 
or otherwise 
to 
26 
discriminate against any member because of the laUer's sex, race, 
27 
creed, age, appearance, sexual orientation, regional or ethnic origin, 
28 
disability, weight or height or 
3 


2 
3 
4 
5 
6 
7 
b) To limit, segregate or classify or fail or refuse to refer for employment 
any member, in any way which would deprive or tend to deprive that 
member of employment opportunities or otherwise affect the latter's 
status as an employee or applicant for employment because of sex, 
race, creed, age, appearance, sexual orientation, regional or ethnic 
origin, disability, weight or height. 
Sec. 7. 
Apprenticeship and Learnership Programs. -
It shall be 
8 
unlawful employment practice for an employer or a firm by a group or association 
9 
thereof, or by a civic organization undertaking or sponsoring an apprenticeship or 
10 
learn~rship program within the contemplation of Book II of the Labor Code, or 
11 
other training or retraining, including on-the-job training programs to discriminate 
12 
against any individual 
because of the laUer's sex, 
race, creed, 
age, 
13 
appearance, sexual orientation, 
regional or ethnic origin, disability, weight or 
14 
height in admission to, or employment in, any program established to provide 
15 
apprenticeship, learnership or other retraining. 
16 
Sec. 8. 
Discrimination for Making Charges, Testifying, Assisting, 
17 
or Participating in Enforcement Proceedings. -
It shall be an unlawful 
18 
employment practice for an employer to discriminate against any of his employees 
19 
or applicants for employment; for an employment agency or an employer or firm 
20 
or groups or associations thereof or a civic organization undertaking or sponsoring 
21 
an apprenticeship, learnership or other training programs, to discriminate against 
22 
any individual; or of any labor organization to discriminate against any member 
23 
thereof of applicant for membership, because he has made a charge, testified, 
24 
assisted, 
or participated in any manner in an investigation, proceeding, 
or 
25 
hearing under this Act. 
26 
Sec. 9. 
Printing or Publication of Notices and Advertisements 
27 
Indicating 
Prohibited 
Preferences, 
Limitation, 
Specification 
or 
28 
Discrimination; Occupational Qualification Exempted. -
It shall be unlawful 
29 
practice for an employer, labor organization, employment agency, firm or group or 
4 


1 
association thereof or a civic organization undertaking or sponsoring an 
2 
apprenticeship, learnership or other training, retraining, including on the job 
3 
training programs, to print, publish, broadcast or cause to be printed, published or 
4 
broadcast any notice or advertisement relating to employment by such an 
5 
employer or membership in any labor union or classification or referral to 
6 
employment by such an employer or membership in any labor union or 
7 
classification or referral for employment by such a labor organization, or relating 
8 
to classification or referral for employment by such an employment agency; or 
9 
relating to admission to, or employment in, any program established to provide 
10 
apprenticeship, 
learnership or other training by an employer, firm or group or 
11 
association thereof, or a civic organization, indicating any preference, limitation, 
12 
specification, or discrimination based on sex, race, creed, age, appearance, 
13 
sexual orientation, regional or ethnic origin, disability, weight or height except 
14 
when such notice or advertisement may indicate a preference, limitation, 
15 
specification, or discrimination based on sex, race, creed, age, appearance, 
16 
sexual orientation, regional or ethnic origin, disability, weight or height when any 
17 
of these attributes is a bona fide occupations qualification for employment. 
18 
Sec. 10. 
Business or Enterprises with Personnel Qualified on 
19 
Basis of Sex, 
Race, Creed, 
Age, 
Appearance, 
Sexual Orientation, 
20 
Regional or Ethnic Origin, Weight or Height.· Notwithstanding any provision 
21 
of this Act, 
it shall not be an unlawful practice for an employment agency to 
22 
classify, or refer for employment any individual; for labor organization to classify 
23 
its membership or to classify or refer for employment any individual; or a civic 
24 
organization undertaking a sponsorship an apprenticeship, learnership or other 
25 
training or retraining programs to admit or employ any individual in any such 
26 
program on the basis of the latter's sex, race, creed, age, appearance, sexual 
27 
orientation, regional or ethnic origin, disability, weight or height in those certain 
28 
instances where any of these attributes is a bona fide occupational qualification 
29 
reasonably necessary to the normal operation of that business. 
5 


Sec. 11. 
Seniority and Merit System; Quantity or Quality of 
2 
Production; Ability Test. -
Notwithstanding any provision of this Act, it shall 
3 
not be an unlawful practice for an employer to apply different standards of 
4 
compensation, or privileges of employment pursuant to a bona fide seniority or 
5 
merit system, or a system which measures wages by quantity or quality of 
6 
production or to employees who work in different locations: Provided, That such 
7 
differences are not a result of an intention to discriminate because of sex, creed, 
8 
age,:appearance, sexual orientation, regional or ethnic origin, disability, weight 
9 
or height. Nor shall it be an unlawful employment practice for an employer to give 
10 
and act upon the results of any professionally developed ability test: Provided, 
11 
further, 
That such test, 
its administration or action upon the results, is not 
12 
designed, intended or used to discriminate because of sex, race, creed, age, 
13 
appearance, 
sexual orientation, 
regional or ethnic origin, disability, weight or 
14 
height. 
15 
Sec. 12. 
Preferential Treatment Not To be Granted by Reason of 
16 
Existing Number or Percentage Imbalance. -
Nothing contained in this Act 
17 
shall be interpreted to require any employer, employment agency, 
labor 
18 
organization, firm or association or group therefor or civic organization subject to 
19 
this Act to grant preferential treatment to any individual because of sex, race, 
20 
creed, age, appearance, sexual orientation, regional or ethnic origin, disability, 
21 
weight or height employed by any employed, referred or classified for employment 
22 
by any employment agency or labor organization; or admitted to, or employed in, 
23 
any apprenticeship, learnership or other training program, in comparison to the 
24 
total number of percentage of individuals of such sex, 
race, creed, age, 
25 
appearance, sexual orientation, regional or ethnic origin, disability, weight or 
26 
height in any municipality, city, province, or other area, or in the available work 
27 
force' in any municipality, city, province or other area. 
6 


I 
Sec. 13. 
Additional Powers Granted to the Bureau. - In addition to 
2 
the powers already vested thereto by the law, for the effective implementation of 
3 
this Act, the Bureau is hereby vested with the following powers: 
4 
a) To 
cooperate with and with their consent, utilize national and local 
5 
agencies, 
both public and private, 
including non-governmental 
6 
organizations and individuals. 
7 
b) To furnish persons subject to this Act such technical assistance as they 
8 
may request to further their compliance with this Act or a rule, regulation or 
9 
order issued hereunder. 
10 
c) Upon the request of (1) any employer, whose employees or some of them, 
II 
or (2) any labor organization, whose members or some of them, refuse or 
12 
threaten to refuse to cooperate in effectuating the provisions of this Act, to 
13 
assist in such effectuation by such other remedial action as is provided by 
14 
this Act; 
15 
d) Subject to the exercise by the Secretary or any law enforcement agent of 
16 
the powers vested in them by Section 14 of this Act, the Bureau is hereby 
17 
authorized to initiate administrative actions with the labor arbiters with 
18 
respect to claims for actual, moral, exemplary and other forms of damages 
19 
arising from violations of this Act. 
20 
Sec. 14. 
Cooperation with Other Departments and Agencies in the 
21 
Performance of Educational or Promotional Activities. - The Bureau shall, in 
22 
any of its educational or promotional activities cooperate with other departments 
23 
and agencies of the Government. 
24 
Sec. 15. 
Visitorial 
and Enforcement Power. 
To the extent 
25 
applicable, 
the Secretary shall exercise the same visitorial 
and enforcement 
'-
26 
power 
provided under Article 128 
of the Labor Code for the effective 
27 
implementation of this Act. In addition, the Secretary or any law enforcement 
28 
officer may initiate criminal complaints under this Act if the gravity of the violation 
29 
of this Act so warrants. Recovery of civil liability in the administrative proceeding 
7 


1 
provided by this Act shall bar recovery under the Civil Code or in the criminal 
2 
proceedings. 
3 
Sec. 16. 
Penal Clause. 
-
Any violation of this Act or any rule or 
4 
regulation promulgated by the Secretary pursuant thereto shall be punished with a 
, 
5 
fine of not less than One thousand pesos (P1,000) nor more than Ten thousand 
6 
Pesos (P10,000) or imprisonment of not less than three (3) months nor more than 
7 
three (3) years, 
or both, 
such fine and imprisonment at the discretion of the 
8 
Court. 
9 
If the offense was committed by a juridical person, 
the president or 
10 
manager or any officer thereof who knows or should have known the commission 
11 
of the offense shall be liable. 
12 
In addition to such penalty any alien found guilty shall be summarily 
13 
deported upon completion of the service of the sentence. 
14 
Sec. 17. 
Reporting Requirement. -
The Secretary shall submit a 
15 
report to the Congress on the implementation of this Act within thirty (30) days 
16 
before the opening of each regular session of Congress. 
17 
Sec. 18. 
Suppletory Application of the Labor Code. 
The 
18 
provisions of the Labor Code shall apply suppletorily insofar as they are not 
19 
inconsistent with the provisions of this Act 
20 
Sec. 19. 
Separability Clause. - If any section or provision of this Act 
21 
shall be declared unconstitutional or invalid, the other sections or provisions not 
22 
affected thereby shall remain in full force and effect 
23 
SEC. 20. SEC. 3. Repealing Clause. - All laws, decrees, orders, rules 
24 
and regulations and other issuances inconsistent with the provisions of this Act 
25 
ar.e deemed modified, revoked or repealed accordingly. 
26 
SEC. 21. Effectivity. This Act shall take effect fifteen (15) days after its 
27 
publication 
in 
two 
(2) 
leading 
newspapers 
of 
national 
circulation. 
Approved, 
8