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

SIXTEENTH CONGRESS ‘
First Regular Session

HOUSE BILL NO. 4724

Introduced by Representative LEAH S, PAQUIZ of ANG NARS Party - List

EXPLANATORY NOTE

Despite the recorded consecutive economic growth of the country - which is
the highest in the Asia Pacific Region, the Philippines failed to create and preserve
jobs in order to address unemployment and underemployment. Employers, both in
the public and private sectors, have resorted to various schemes and plot of
employment trends in order to respond to jobless growth.

Labor migration is on the rise and no less than 10% of the working population
or approximately 10 million Filipinos are working in at least 183 countries all over the
world. Domestically, and due to scarcity of jobs, employers have resorted to stringent
and at times unreasonable recruitment process while offering precarious type of
employment. Job seekers have been subjected to and experienced various forms of
discrimination on account of age, gender, religion, ethnicity, sexual orientation,
political affiliation, physical appearance including the school where job seekers
graduated from.

Corollary, qualifications and preferences are way beyond the competencies
required of the job. Contrariwise to the current and prevailing practice in recruitment,
Section 3, Article XIII of the 1987 Constitution states that:

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.


Further, this constitutional guarantee is mandated in both the public and the
private sector, thus:

Civil Service Commission (CSC) Memorandum Circular No.
3 series 2001, There shall be equal employment opportunity
for men and women at all levels of position in the agency,
provided they meet the minimum requirements of the
position to be filled; There shall be no discrimination in the
selection of employees on account of gender, civil status,
disability, religion, ethnicity, or political affiliation.

Presidential Decree No. 442, as amended, entitled, “Labor
Code of the Philippines, 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.

Categorically, no job applicant should be discriminated on account of age,
gender, religion, ethnicity, sexual preferences, political and ideological affiliation and
physical attributes, The basis for employment should be primarily the competencies
and qualifications necessary to perform the job in order to make every employee a
partner of the government towards strong nation building through sustainable human
and economic development.

This bill seeks to eliminate all forms of discrimination in employment by
prohibiting and penalizing employer both in the public and private sector, labor
contractor and labor organization that will discriminate against any individual.

In view of the foregoing, immediate approval of this bill is a primordial
concern.

REP. LEAH S, PAQUIZ
ANG NARS Party-list


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

SIXTEENTH CONGRESS
First Regular Session

House BiLNo,__4724

Introduced by Representative LEAH S. PAQUIZ of ANG NARS Party - List

AN ACT PROHIBITING ALL FORMS OF DISCRIMINATION ON THE
EMPLOYMENT OF ANY INDIVIDUAL

Be it enacted by the Senate and the House of Representative of the Republic of the Philippines
in Congres mbled:

SECTION 1. Short Title. - The Act shall be known as the, “Anti-Discrimination in
Employment Act of 2014.”

SECTION 2. Declaration of Policies. - The State shall promote equal opportunities in
employment for everyone. To achieve this end, it shall be ‘the policy of the State to
promote employment of individuals on the basis of their abilities, knowledge, skills
and qualifications. It shall prohibit all forms of discrimination in employment and
shall assist both employers and workers in adopting ways to resolve problems that
mayroccur asia direct or indirect impactof any form of discrimination on-employment,

SECTION 3. Recognition of Rights. ~ Pursuant to the above-declared principles, the
following rights of citizens are hereby recognized for which the State guarantees their
enjoyment to:

a) The right to qualify for job position regardless of age, gender, religion,
ethnicity, sexual orientation and preferences, political and ideological
affiliations, physical attributes and school where the individual graduated
from, and on the basis of their merits and qualifications.


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b.) The right of all applicants or workers to be treated equally in terms of hiring,
compensation, training, benefits, promotions and other employment activities.

c.) The right of any individual to access public records in the exercise of his or her
rights granted under this Act.

SECTION 4. Definition of Terms. — The following terms shall have their respective
meanings:

a.) “Worker”, includes any individual employed by an employer;

b.) “Employer”, includes any person acting directly or indirectly in the interest
of an employer relating to a worker and shall include 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;

©.) “Job Applicant”, includes any person who applied for a specific and vacant
position for which an employer is seeking candidates, met the predefined,
documented minimum requirements related to a specific open position,
applied for the position during the period that the applicant flow log
remained open, and who complied with the hiring organization's formal
recruitment practices;

d.) “Labor Contractor”, means any person regularly undertaking with or
without compensation, to procure workers for an employer or to procure
for employees opportunities to work for an employer, and includes an agent
of such person;

e.) “Labor Organization”, means any union or association of workers which
exists in whole or in part for the purpose of collective bargaining or
negotiation, or for dealing with employers concerning terms and conditions
of employment; and,

£) “Publisher”, includes any person or juridical entity engaged in the printing
of information on paper and its distribution, buying or otherwise securing,
of airtime or space on television, radio, internet and similar media, or other
similar methods.

SECTION 5. Scope. - The provisions of this Act shall apply to all employers in both
public and private sectors. It shall apply to labor contractors and labor organizations.
Further, this Act covers all individuals, whether employees or job applicants who may
be subject to discrimination in the workplace, or hiring process.


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SECTION 6. Forms of Discriminatory Acts: Prohibition. - The following shall
constitute discriminatory acts committed in any stage of employment (pre-
employment, during employment, and post- employment):

a.) It shall be unlawful for any person to -

1) Print or publish, or cause to be printed or published, in any form of
media, including internet, any notice of advertisement relating to
employment suggesting preferences, limitations, specifications and
discrimination based on age, gender, religion, ethnicity, political and
ideological affiliations, sexual orientation or preferences, physical
attributes, and school;

2) Require the mandatory declaration of age or birthdate, religion,
gender, ethnicity, political and ideological affiliations, physical
attributes and school;

3,) Decline any employment application due to any of the foregoing
discriminatory acts in ;

4.) Discriminate against any individual in terms of compensation, terms
and conditions, or privileges of employment on account of
aforementioned forms of discrimination;

5.) Deny-any worker's promotions or opportunities for training;

6.) Forcibly lay-off or induced directly or indirectly lay-off;

7.) Impose early retirement on the basis of the aforementioned
discriminatory acts; and,

8) Reduce or diminish the compensation of any worker just to be able
to comply with this Act.

b,) It shall be unlawful for a labor contractor to refuse to refer for employment
or otherwise discriminate against any individual because of age, gender,
ethnicity, religion, sexual orientation or preferences, political and/or
ideological affiliations, physical attributes and school where the individual
graduated from.

cc.) It shall be unlawful for any labor group, organization, association to:

1.) Deny membership to any individual because of the aforementioned
forms of discrimination;

2.) Exclude from its membership any individual because of the
aforementioned forms of discrimination; and,

3.) Cause or attempt to cause an employer to discriminate against an
individual in violation of this Act.

d) It shall be unlawful for a publisher to print or publish any notice of
advertisement relating to employment suggesting preferences, limitation,
specifications, and any form of discrimination identified in this Act; and,


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e.) Other analogues acts, omission, situations, and declarations.

SECTION 7. Exceptions. - It shall not be unlawful for an employer to set limitation/s
in employment if the limitation/s set will directly impede the performance of tasks
and the intent is not to evade the purpose of this Act.

SECTION 8. Education and Research Programs. - The Department of Labor and
Employment (DOLE) and the Civil Service Commission (CSC) shall:

a.) Conduct studies and researches, and come up with corresponding,
guidelines aimed at minimizing impediments to the employment of any
individual, and furnish such information to employers, labor groups, and
the general public, and

b,) Promote programs, in coordination with public and private agencies that
will further enhance the knowledge and skills of every individual,
regardless of gender, age, ethnicity, religion, political and ideological
affiliations, sexual orientation or preferences, physical attributes and school
where the worker or applicant graduated from.

SECTION 9. Investigation. and Enforcement. - The DOLE and the CSC shall have the
authority to investigate and require the keeping of records necessary for the
administration of this Act, The DOLE and the CSC with the participation of labor
organizations, shall issue rules, regulations, orders and instructions as they deemed
necessary and appropriate to carry out their respective responsibilities under this Act.

SECTION 10. Penalty. - Any violation of this Act shall be punished with a fine of not
less than one hundred thousand pesos (P100,000.00) but not more than five hundred
thousand pesos (P500,000.00), or imprisonment of not less than five (5) months but not
more than two (2) years, or both at the discretion of the court. Further, suspension
and/or revocation of license to operate, depending on the gravity of the offense,
maybe imposed to any juridical entity found to be in violation of any provisions
hereof,

If the offense is committed by a corporation, trust, firm, partnership, association or
other entity, the penalty shall be imposed upon the guilty officer/s of such
corporation, trust, firm, partnership, association or entity.

SECTION 11. Separability Clause. - Should any provision herein be subsequently
declared invalid or unconstitutional, the same shall not affect the validity or the
legality of the other provisions not so declared.


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SECTION 12. Repealing Clause. - All, laws, presidential decrees, executive orders,
rules and regulations, others issuances, or any parts thereof, which are inconsistent
with the provisions of this Act, are hereby repealed and modified accordingly.

SECTION 13. Effectivity. ~ This Act shall take effect fifteen (15) days after publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved.