0’- 
THIRTEENTH CONGRESS OF THE REPGBLIC) 
OF THE PHILIPPINES 
First Regular Session 
) 
S E N A T E  
i* P P  
i 
S. NO. 
L’ 
‘ ,:. 
Introduced by Senator Flavier ’ - 
‘ 
EXPLANATORY NOTE 
The basic constitutional prohibition ggainst undue discrimination is found 
in Article Ill. Section I of the Constitution which states: 
“SECTION I. 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 contact, the right to equal protection is amplified in the 
first paragraph of Article XIII, 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 all. ” 
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 relations 
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 discriminated in their own 
country an account of their race. 
Congress has improved the plight of workingwomen by enacting RA 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 womqn regarding the other aspects of an 
employer-employee relationship, such as during pre-employment or with respect 
to labor relations or as regards promotion to supervisory or managerial positions. 
. 
The same may be said of disabled persons whose rights are protected by 
the Magna Carta for Disabled Persons (RA 7277), insofar as access to 
opportunities for suitable employment. Again, the law is silent as regards the 
other aspects of ern p lo ye r-em p lo yee re la tions . 
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 Skis 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 hbor relations and promotions to supervisory 
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 srcrrvice of the nation. 
4 
R 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
First Regular Session 
) 
S E N A T  
s. NO. 
-L.+ 
,) 
I 
*
.
 
J -..; 
.am 
I 
Introduced by Senator Flavier 
6 
THE EQUAL EMPLOYMENT OPPORTUM1TY ACT 
Be it enacted by the Senate and the Uouse of Representatives of the 
Philippines in Congress assembled: 
SECTION I. 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 th8 purposes 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 (1 5) 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. 
The term "employment agency" means any person or entity 
engaged in the act of recruitment and placement which 
consists of canvassing, enlisting, contracting, transporting, 
uti tizing, hiring or procuring workers, and includes referrals, 
2.2. 


utilizing, hiring or procuring workers, and includes referrals, 
contract services, promising or advertising for employment, 
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 shall be deemed engaged in 
recruitment and placement. Provided, further, That the term 
shall include both “prik ate fee-charging employment agency” 
and “private recruitment entity” within the contemplation of 
Book 1 of Labor Code, PD 442, as amended. 
The term ‘labor organization” shall have the same meaning 
as defined in Article 212 (9) of the Labor Code. 
The term “employee” means an individual employed by an 
employer. 
The term “creed” includes all aspects of religious observance 
and practice, as well as belief, unless an employer 
demonstrates 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. 
The term “age” shall refer to individuals forty (40) of age or 
older 
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 
2.3. 
2.4. 
2.5. . 
2.6. 
2.7. 


2.8. 
2.9. 
in their ability or inability to work, and nothing in this Act shall 
be interpreted to permit otherwise. 
The term “disability” shall have the same meaning as defined 
in Section 4 0 of the Magna Carta for Disabled Persons, RA 
7227. 
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” Fhall refer to the Bureau of Local 
Employment. 
The term “Labor Code” shall refer to the Labor Code of the 
Philippines, P.D. 442, as amended. 
2.11. 
SEC. 3. Employer Practices. - It shall be an unlawful 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, cond,”iions, 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 
employee, 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 the employment agency to fail or refuse to refer for 
employment any individual on the basis of the latter’s sex, race, 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 expeifrom 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, 
appearance, sexual-orientation, regional or ethnic origin, 
disability, weight or height. 
SEC. 6. Apprenticeship and Leadership 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 
leadership 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 Publicatioh of Notices and Advertisements 
Indicating 
Prohibited 
Preferences, 
Limitation, 
Specification 
or 
Discrimination; Occupational Qualification Exempted. - It shall be an 
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 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 or 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 Enterprises with Personnel Qualified n 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 bean 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. I O .  
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 fro an employer to apply different standards 
of compensation, or privileges of employment pursuant to a bonafide 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-orientatiod7, regional or ethnic origin, disability, 
weight or height employed by any employer, referred or classified for 


employment by any employment agency O i  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 to 
this Act or a rule, regulation, or order issued hereunder; 
Upon the request of ( A )  any employer, whose employees or 
12.3. 
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 it is 
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 violations 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 Enforcement Power. - To the extent 
applicable, the Secretary shall exercise the same visitorial and enforcement 
power provided under Article 128 of the Labor Code for the effective 
implementation of this Act. In additional, the Secretary, or any law enforcement 
officer may initiate criminal complaints under this Act I 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 urider the Civil Code or in the criminal 
proceedings. 
SEC. ‘ I 5  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 than One thousand pesos (PI, 000.00) nor more than Ten 
thousand pesos (PIO, OOO.OO), 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 
or 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. Suppletory Application of the Labor Code. - The provisions 
of the Labor Code shall apply suppletorily insofar as they are not inconsistent 
with the provisions of this Act. 


. 
SEC. 18. Separability Clause. - If any provision or part of this Act 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 Clause. - This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or two (2) newspapers of general 
circulation. 
Approved,