FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
S. B. No. 
SENj?!'6 0 
~~ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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." 
This bill was originally filed during the Thirteenth Congress, First Regular Session 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
SENATE 
S.B.No. 1260 
Introduced by Senator Miriam Defensor Santiago 
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 lcnown 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 employer 
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; 
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(E) “Employment” or “employment opportunities” includes job application procedures, 
hiring, advancement, discharge, compensation, job training or of dealing with 
employment concerning terms and conditions of employment; 
“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- 
(F) 
(I) A religious 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. 
(I) 
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 
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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; 
(B) 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 
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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 
employment opportunities that relate to any employment position that pertains solely to a 
religious 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 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. 
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SECTION 10. State Immunity. The Secretary shall not be immune Erom an action in a 
court of competent jurisdiction for a violation of this Act, remedies, excluding punitive damages, 
arc 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 CZause. - Any law, presidential decree or issuance, 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. 
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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