Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Thirteenth Congress
First Regular Session

HOUSE BILL No. _491

Introduced by Jose G. Solis

EXPLANATORY NOTE

This bill seeks to penalize employers, which discriminate against a
person for an opportunity to be employed by reason of non-related work
requirements.

Section 3, Article XIII of the Constitution mandates the State to afford
full protection to labor, local and overseas, organized and unorganized, and
promote full employment and equality of employment opportunities for all.

More often than not, the above constitutional provision has been
violated. Some private companies are imposing certain requirements which
for some are almost impossible to comply. An example is the height
requirement when the position to be filled up or work to be done does not
require whether one is tall or short. Among these companies are the fast
food chains and department stores. Such discrimination is so common and
widespread, and seemingly so unchallenged, that goes on unabated in spite
of the obviously pemicious effects on the economic stature of shorter
individuals, if not the economic well being of the whole country. This
flagrant discrimination regarding height is unfair to shorter individuals
particularly when the height of the individual is irrelevant to the work
required. It is insulting and inhumane toward individuals who are of shorter
stature for no fault of their own, projects a psychologically damaging view
of height in a country where many individuals fall below the minimal height
requirements of some agencies.


Likewise, other unfair discrimination’s such as age, skin color, and
other physical attributes, which are work-unrelated features, exist in
providing employment opportunity to our fellowmen. This group should
also be protected. This way, the economy may become increasingly a
meritocracy that reward merit and hard work, instead of relying on certain
vain values regarding “appearance.”

To promote fairness, equality and justice in employment
opportunities, approval of the bill is earnestly recommended.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Thirteenth Congress
First Regular Session

House BILL No. _491

Introduced by Honorable Jose G. Solis

AN ACT
PENALIZING DISCRIMINATION AGAINTS WORK APPLICANTS

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

SECTION 1. It shall be unlawful for any company, agency,
institution, industry, including hotels, restaurants and similar establishments
to discriminate against any person for employment by reason of height, skin
color, physical feature and age: Provided, that the nature of the work to be

done requires such limitations.

SEC. 2. Any person, company, agency, institution, hotel, restaurants
or similar establishments which shall require its applicants any physical
attribute which is not related to the work to be done shall be penalized by a
fine of not less than fifty thousand pesos (P50,000.00) nor more than one
hundred thousand pesos (P100,000.00) for the first offense, and in addition


to fine, revocation or cancellation of business permit or license for the

second offense.

SEC. 3. All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or amended
accordingly.

SEC. 4. This Act shall take effect upon its approval.