THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S E N A T E  
Senate Bill No. __ ii? 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
The basic constitutional prohibition against undue discrimination is found 
in Article 111, Section 1 of the Constitution which states:] 
“SECTION 1. No person shall be deprived of life, 
liberty and property without due process of law, or shall any 
person be denied the equal protection of laws.” 
In the employment context, the right to equal protection is amplified in the 
first paragraph of Article XII, Section 3: 
“SEC. 3. The State shall afford full protection to labor, local 
and overseas, organized and unorganized, and promote full 
employment and equality of employment opportunities for a//.” 
To carry out the constitutional mandate, the Labor Code declares as basic 
policy: 
“SEC. 3. Declaration of Basic Policy. - The State shall 
afford protection to labor, promote full employment, ensure equal 
work opportunities regardless of sex, race or creed, and regulate 
the relafions between workers and employers.” 
A survey of existing laws, however, reveals the lack of comprehensive 
legislation which touch on undue discrimination against women, members of 
certain religious, regional, or ethnic groups, the elderly, homosexuals, and 


disabled. Sometimes, even Filipino workers are discrir ninated in their own 
country on account of their race. 
Congress has improved the plight of working women by enacting R.A. 
6725 which strengthens the prohibition on discrimination against them with 
respect to the terms and conditions of a woman's employment. There appears, 
however, no provision of law which protects women regarding the other aspects 
of an employer-employee relationship, such as during pre-employment or with 
respect to labor relations or as regards promotion of supervisory or managerial 
positions. 
The same may be said of disabled'persons whose rights are protected by 
the Magna Carta for the Disabled Persons (R.A. 7277) insofar as access to 
opportunities or suitable employment. Again, the law is silent as regards the 
other aspects of employer-employee relations. 
Aside from the broad pronouncement in the Labor Code, no further 
protection is provided against discrimination on the basis of race or creed. There 
appears to be an absence of laws which afford protection for the other 
marginalized groups. 
In an effort to fill this lack, this bill therefore seeks to expand the coverage 
of legal protection against discrimination on the basis of the above attributes from 
the time of pre-employment and labor relations and promotions to supervisory 
and managerial positions. It also provides the mechanisms for the 
implementation of the same. 
Ultimately, the elimination of all forms of discrimination against all workers 
will result in the enhancement of their economic viability and will make them 
realize their full potential in the service of the nation. 
Passage of this bill is earnestly urged. 
MANNYV'tiLCIR 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S E N A T E  
Senate Bill No. 
~~~~ 
~ 
INTRODUCED BY SEN. MANNY VILLAR 
THE EQUAL EMPLOYMENT OPPORTUNITY ACT OF 2006 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Declaration of Policy. - It is the policy of the State to 
protect and enhance the right of all people to human dignity and reduce 
economic inequalities by promoting equality of employment opportunities for all 
regardless of sex, race, creed, age, appearance, sexual-orientation, regional or 
ethnic origin, disability, weight or height. 
SEC. 2. Definition of Terms. - For the purpose of this Act: 
2.1. The term "employer" means a person, natural or juridical, domestic or 
foreign, who carries on in the Philippines any trade, business, industry, 
undertaking, or activity of any kind and uses the services of fifteen (15) or more 
employees who are under the employer's control as regards employment for 
each working day in each of twenty (20) or more calendar weeks, except the 
Government of the Republic of the Philippines, and any of its political 
subdivisions, branches, and instrumentalities, including government-owned and 
controlled corporations with original charters. 
2.2. The term "employment agency" means any person or entity engaged 
in the act of recruitment and placement which consists of canvassing, enlisting, 
contracting, transporting, utilizing, hiring or procuring workers, and includes 
referrals, contact services, promising or advertising for employment, locally or 


abroad, whether for profit or not: f'rovided, That any person or entity which, in 
any manner, offers or promises fear a fee employment shall be deemed engaged 
in recruitment and placement: ff-ovided, further, That the term shall include both 
"private fee-charging employment agency" and "private recruitrnent entity" within 
the contemplation of Book I of Labor Code, PD 442, as amended. 
2.3. The term "labor organization" shall have the same meaning as 
defined in Article 212 (9) of the Labor Code. 
2.4. The term "employee" means an individual employed by an employer. 
2.5. The term "creed" includes all aspects of religious observance and 
practice, as well as belief, unless an employer demonstrated that he is unable to 
reasonably accommodate to an employee's or prospective employee's religious 
observance or practice without undue hardship on the conduct of the employer's 
business. 
2.6. The term "age" shall refer to individuals forty (40) of age or older. 
2.7. The terms "because of sex" or "on the basis of sex" include, but are 
not limited to, because of or on the basis of pregnancy, childbirth, or related 
medical conditions; and women affected by pregnancy, childbirth, or related 
medical conditions shall be treated the same for all employment-related 
purposes, including receipt of benefits under fringe benefit programs as other 
persons not so affected but similar in their ability or inability to work, and nothing 
in this Act shall be interpreted to permit otherwise. 
2.8. The term "disability" shall have same meaning as defined in Section 4 
(c) of the Magna Carta for Disabled Persons, R.A. 7277. 
2.9. The term "Secretary" shall refer to the Secretary of Labor and 
Employment or his duly authorized representative from the Bureau. 
2.10. The term "Bureau" shall refer to the Bureau of Local Employment. 
2.11. The term "Labor Code" shall refer to the Labor Code of the 
Philippines, P.D. 442, as amended. 


SEC. 3. Employer Practices. - It shall be an ,rnlawful practice for an 
employer: 
3.1. To fail or refuse to hire or to discharge any individual, or otherwise to 
discriminate against any individual with respect to the latter’s compensation, 
terms, conditions, or privileges of employment, including but not limited to 
promotion to supervisory or managerial positions because of such individual’s 
sex, race, creed, age, appearance, sexual-orientation, regional or ethnic origin, 
disability, weight or height; or 
3.2 To limit, segregate, or classify his employees in any way which would 
deprive or tend to deprive any employee of employment opportunities or 
otherwise adversely affect the latter’s status as an employees, because of sex, 
race, creed, age, appearance, sexual-orientation, regional or ethnic origin, 
disability, weight or height. 
SEC. 4. Employment Agency Practices. - It shall be an unlawful 
employment practices for an employment agency to fail or refuse to refer for 
employment any individual on the basis of the latter’s sex, creed, age, 
appearance, sexual-orientation, regional or ethnic origin, disability, weight or 
height. 
SEC. 5. Labor Organization Practices. - It shall be an unlawful 
employment practice for a labor organization: 
5.1. To exclude or to expel from its membership, or otherwise to 
discriminate against, any member because of the latter’s sex, race, creed, age, 
appearance, sexual-orientation, regional or ethnic origin, disability, weight or 
height; or 
5.2. 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. 6. Apprenticeship and Learnership Programs. - It shall be an 
unlawful employment practice for an employer or a firm by a group or association 


thereof, or by a civic organization undertaking or sponsoring an apprenticeship or 
learnership program within the contemplation of Book II of the Labor Code, or 
other training or retraining, including on-the-job training programs to discriminate 
against any individual because of the latter’s sex, race, creed, age, appearance, 
sexual-orientation, regional or ethnic origin, disability, weight or height in 
admission to, or employment in, any program established to provide 
apprenticeship, learnership or other retraining. 
SEC. 7. Discrimination for Making Charges, Testifying, Assisting, or 
Participating in Enforcement Proceedings. - It shall be an unlawful 
employment practice for an employer to discriminate against any of his 
employees or applicants for employment; for an employment agency or an 
employer or firm or groups or associations thereof or a civic organization 
undertaking or sponsoring an apprenticeship, learnership or other training 
programs, to discriminate against any individual; or for any labor organization to 
discriminate against any member thereof or applicant for membership, because 
he has made a charge, testified, assisted, or participated in any manner in an 
investigation, proceeding, or hearing under this Act. 
SEC. 8. Printing or Publication of Notices and Advertisements 
indicating 
Prohibited 
Preferences, 
Limitation, 
Specification 
or 
Discrimination; Occupational Qualification Exempted. - It shall be unlawful; 
practice for an employer, labor organization, employment agency, firm or group 
or association thereof or a civic organization undertaking or sponsoring an 
apprenticeship, learnership or other training, retraining, including on-the-job 
training programs, to print, publish, broadcast or cause to be printed, published 
or broadcast any notice or advertisement relating to employment by such an 
employer or membership in any labor union or classification or referral for 
employment by such a labor organization, or relating to admission to, or 
employment in, any program establish to provide apprenticeship, learnership o 
other training by an employer, firm or group or association thereof, or a civic 
organization, indicating any preference, limitation, specification, or discrimination 
based on sex, race, creed, age, appearance, sexual-orientation, regional or 
ethnic origin, disability, weight or height except when such notice or 
advertisement may indicate a 
preference, limitation, specification, or 
discrimination based on sex, race, creed, age, appearance, sexual-orientation, 
regional or ethnic origin, disability, weight or height when any of these attributes 
is a bona fide occupational qualification for employment. 


SEC. 9. Business or Enferprises wifh Personnel t?ualified on Basis of 
Sex, Race, Creed, Age, Appearance, Sexual-orientation,, Regional or Ethnic 
origin, Weight or Height. - Notwithstanding any provision of this Act, it shall not 
be an unlawful employment practice for an employment agency to classify, or 
refer for employment any individual; for labor organization to classify its 
membership or to classify or refer for employment any individual; or a civic 
organization undertaking or sponsoring an apprenticeship, learnership or other 
training or retraining programs to admit or employ any individual in any such 
program on the basis of the latter’s sex, race, creed, age, appearance, sexual- 
orientation, regional or ethnic origin, disability, weight or height in those certain 
instances where any of these attributes is a bona fide occupational qualification 
reasonably necessary to the normal operation of that business. 
SEC.lO. Seniority and Merit System: Quantity or Quality of 
Production; Ability Test. - Notwithstanding any provision of this Act, it shall not 
be an unlawful employment practice for an employer to apply different standards 
of compensation, or privileges of employment pursuant to a bona fide seniority or 
merit system, or a system which measures wages by quantity or quality of 
production or to employees who work in different locations: Provided, That such 
differences are not a result of an intention to discriminate because of sex, race, 
creed, age, appearance, sexual-orientation, regional or ethnic origin, disability, 
weight or height. Nor shall it be an unlawful employment practice for an employer 
to give and act upon the results of any professionally developed ability test: 
Provided, further, That such test, its administration or action upon the results is 
not designed, intended or used to discriminate because of sex, race, creed, age, 
appearance, sexual-orientation, regional or ethnic origin, disability, weight or 
height. 
SEC. 11. Preferential Treatment Not To be Granted by Reason of 
Existing Number or Percentage Imbalance. - Nothing contained in this Act 
shall be interpreted to require any employer, employment agency, labor 
organization, firm or association or group therefore or civic organization subject 
to this Act to grant preferential treatment to any individual because of sex, race, 
creed, age, appearance, sexual-orientation, regional or ethnic origin, disability, 
weight or height by reason of an imbalance which may exist with respect to the 
total, number of percentage of individuals of any sex, race, creed, age, 
appearance, sexual-orientation, regional or ethnic origin, disability, weight or 


height employed by any employcr; referred or classified for employment by any 
employment agency or labor organization; or admitted to, or employed in, any 
apprenticeship, learnership or other training program, in comparison to the total 
number of percentage of individuals of such sex, race, creed, age, appearance, 
sexual-orientation, regional or ethnic origin, disability, weight or height in any 
municipality, city, province, or other area, or in the available work force in any 
municipality, city, province, or other area. 
SEC. 12. Additional Powers Granted to the Bureau. - In addition to the 
powers already vested thereto by the law, for the effective implementation of this 
Act, the Bureau is hereby vested with the following powers: 
12.1 To cooperate with and, with'their consent, utilize national and local 
agencies, both public and private, including non-governmental organizations, and 
individuals; 
12.2. To furnish persons subject to this Act such technical assistance as 
they may request to further their compliance this Act or a rule, regulation, or 
order issued hereunder; 
12.3. Upon request of (1) any employer, whose employees or some of 
them, or (2) any labor organization, whose members or some of them, refuse or 
threaten to refuse to cooperate in effectuating the provisions of this Act, to assist 
in such effectuation by such other remedial action as in provided by this Act; 
12.4. To make such technical studies as are appropriate to effectuate the 
purposes and policies of this Act; 
12.5. Subject to the exercise by the Secretary or any law enforcement 
agent of the powers vested in them by Section 14 of this Act, the Bureau is 
hereby authorized to initiate administrative actions with the labor arbiters with 
respect to claims for actual, moral, exemplary and other forms of damages 
arising from violation of this Act. 
SEC. 13. Cooperation with Other Departments and Agencies in 
Performance of Educational or Promotional Activities. - The Bureau shall, in 
any, of its educational or promotional activities cooperate with other departments 
and agencies of the Government. 


SEC. 14. Visitorial and Iinforcement Power. - To the extent applicable, 
the Secretary shall exercise the same visitorial and enforcement power provided 
under Article 128 of the Labor Code of the effective implem:?ntation of this Act. In 
addition, the Secretary or any law enforcement officer may initiate criminal 
complaints under this Act if the gravity of the violation of this Act so warrants, 
Recovery of civil liability in the administrative proceeding provided by this Act 
shall bar recovery under the Civil Code or in the criminal proceedings. 
SEC. 15. Penal Clause. -Any violation of this Act or any rule or regulation 
promulgated by the Secretary pursuant thereto shall be punished with a fine of 
not less that One Thousand Pesos (P1,OOO.OO) nor more than Ten Thousand 
Pesos (10,000.00), or imprisonment of not less than three (3) months nor more 
than three (3) years, or both such fine and imprisonment at the discretion of the 
court. 
If the offense was committed by a juridical person, the president or 
manager or any officer thereof who knows or should have known the commission 
of the offense shall be liable. 
In addition to such penalty any alien found guilty shall be summarily 
deported upon completion of the service of the sentence. 
SEC. 16. Reporting Requirement. - The Secretary shall submit a report 
to the Congress on the implementation of this Act within thirty (30) days before 
the opening of each regular session of Congress. 
SEC. 17. Supp/etory Application of the Labor Code. - The provision of 
the Labor Code shall apply suppletorily insofar as they are not inconsistent with 
the provisions of this Act. 
SEC. 18. Separabilify Clause. - If any provision or part of this Act is held 
invalid, the remainder of this Act shall not be affected thereby. 
SEC. 19. Repealing Clause. - All laws, decrees, executive order or rules 
and regulations inconsistent with this Act are hereby repealed or modified 
accordingly. 


SEC. 20. Effectivity C/ause. - This Act shall tat:e effect fifteen (15) days 
after its publication in the Official Gazette or two (2) newspapers of general 
circulation. 
Approved,