cof the Phillies
HOUSE OF REPRESENTATIVES

Quexew City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8573

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
PROHIBITING GENDER DISCRIMINATION IN EMPLOYMENT ADVERTISING

The 1987 Constitution, Article II, Section 14, provides for the fundamental equality of the
sexes, thus: “The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of men and women.”

Discrimination by reason of sex is usually effected by subtle and elusive means

in employment advertising. This discrimination is widespread and done
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.

Al

LUIS RAYMUNI Pn VILLAFUERTE, JR.
i


Reuble of GB, Philepines
HOUSE OF REPRESENTATIVES

Queso City
YY

EIGHTEENTH CONGRESS
‘Second Regular Session

8571

HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
PROHIBITING GENDER DISCRIMINATION IN EMPLOYMENT ADVERTISING
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 known as the “Anti-Gender Discrimination in
Employment Advertising Act.”

SECTION 2. Declaration of Policy. — It is the policy of the State to ensure the equality of
men and women by prohibiting gender discrimination in job opportunities advertising.

SECTION 3. Definition of Terms. — For the purposes of this Act, the term:

(A) “Employer” inckides any person acting in the interest of an employer, eith
or indirectly. The term shall not include any labor organization or any of its officers or
agents except when acting as an employer.

(B) “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 employees,
concerning terms and conditions of employment.

(C) “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.

(D) ‘Recruitment and placement’ refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, procuring workers and other similar acts, and includes
, locally or abroad, whether fit or not: Provided, that
which, in any manner, offers or promises for a fee employment to two or more persons
shall be deemed engaged in recruitment and placement.

SECTION 4. Prohibited Acts. —

(1) It shall be unlawful 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,
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 bona fide occupational qualification for employment.

(2) It shall be unlawful 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.

SECTION 5. Certification of Exemption. - The Department of Labor and Employment
shall have the power and it shall be its duty to certify 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 a 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 form the provisions of
this Act.

SECTION 6. Placement of Discriminatory Advertisement. — The placement of an
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 in Section 5 hereof.

SECTION 7. Prevention of Unlawful Employment Practices. - Whenever there is a
charge 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
has occurred that an employer, private employment agency or labor organization has
engaged in an unlawful 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 after 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 untawful employment practice.

SECTION 8. Regulations. - The Department of Labor and Employment shall promulgate
tules and regulations to implement the provisions of this Act.

SECTION 9. Scope. - The provisions of this Act shall apply only to employment
advertising by private employer, labor organization, private employment agency and
other private entities.

SECTION 10, Penalties. - Any violation of this Act shall be punished with a fine of not
less than ten thousand pesos (P10, 000.00) 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 such entity, the penalty shall be imposed
upon the guilty officer or officers of such corporation, trust, firm, partnership, association
or entity.

SECTION 11. Separability Clause. — If any provision or part hereof, is hel jalid oF
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 12. Repealing Clause. — 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 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,