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TWIRTEENTH CONGRESS OF THE REPUBLIC 
OF THEPE-IILIPPTNES 
1 
JW 
FIRST REGULAR SESSION 
1 
,. v 
S E N A T E  
S.B. NO. 
Introduced by SENATOR LUISA “LOI” P. EJE 
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EXPLANATORY NOTE 
The 1987 Constitution, Article II, Section 14 provides for the fbndamental 
equality of the sexes, thus: “The state recognizes the role of women in nation-building, 
and shall ensure the fbndamental equality before the law of men and women.” 
Discrimination by reason of sex is usually effected by subtle and elusive means 
This discrimination is widespread and done 
especially in employment advertising. 
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. 
Immediate passage of this bill is fervently sought. 
EJERCITO ESTRADA 
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THIRTEENTH CONGRESS OF THE REpuBLrc 
OF TWE PHILIPPllr;sES 
1 
FIRST REGULAR SESSION 
1 
S E N A T E  
S.B. NO. 
Introduced by SENATOR LUISA &LOI” . EJERCITO ESTRtaDA 
AN ACT 
TO 
PROHIBIT 
GENDER 
DISCRIMTNAmON 
.EMPLOYMXNT 
ADVERTISING 
Section 1. 
Short Title. - This Act shall be known as “Anti-Gender 
Discrimination in Employment Advertising Act.” 
Sec. 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. 
Sec. 3. Definition of Terms. - For purposes of this Act, the term: 
“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. 
“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. 
“Recruitment and Placement” refers to any act of canvassing, enlisting, 
contracting, transporting, utilizing, hiring, procuring workers and. other 
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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. 
Sec. 4. Prohibited Acts. - 
(a) 
It shall be an unlawkl 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, 
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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 unlawfbl 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. 
(b) 
Sec. 5. Certification of Exemption. - The Department of Labor and Employment 
shall have the power and it shall be its duty to certie 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. 
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See. 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 
Sec. 7. Prevention of Unlawful emnlovment 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 Employment 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 unlawfbl 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, aRer 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 unlawhl employment 
practice. 
Sec. 8. Re~ulations. - The Department of Labor and Employment shall 
promulgate rules and regulations to implement the provisions of this Act. 
Sec. 9. 
ScoDe. - The provisions of this Act shall apply only to employment 
advertising by private employer, labor organization, private employment agency and 
other private entities. 


Sec. 10. Penalties. - Any violation of this Act shall be punished with a fine of 
not less than ten thousand pesos (P10,OOO.OO) 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. 
Sec. 11. Semrabilitv 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. 
Sec. 12. 
ReDealinv Clause, - Any law, presidential decree or issuances, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
Sec. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
GWtere Yplgendeediscrimination