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FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES)
Second Regular Session )

House of Representatives

H.B.No._ 6359

Introduced by ; Atty. MA. THERESA B. BONOAN-DAVID
Representative, 4” District Manila

EXPLANATORY NOTE

The 1987 Constitution, Article 11, Section 14 provides for the fundamental
equality of the sexes, thus: “The state recognizes the role of women in nation-
buildingand shall ensure the fundamental equality before the law o men and
women’.

Discrimination by reason of sex is usually effected by subtle and elusive
means especially in employment advertising. This discrimination is widespread and
done publicly, 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.

ATTY. MA. THERESA B. BONOAN-DAVID
Representative, 4" District, City of Manila


PIP EEN IM UUNGRESS Ur inc)
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

House of Representatives
House BillNo.__63

AN ACT TO PROHIBIT GENDER DISCRIMINATION IN EMPLOYMENT
ADVERTISING, PROVIDING PENALTIES THEREOF AND FOR OTHER
PURPOSES

Introduced by : Atty. MA. THERESA B. BONOAN-DAVID
Representative, 4” District Manila

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

SECTION 1. Short Title. This Act shall be known as “Anti-Gender
Discrimination Employment Advertising Act “.

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

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

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

“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
employers concerning terms and conditions of employment

“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.

“Recruitment and Placement” refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring, workers and other similar acts,
and includes referrals, 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 to
two or more persons shall be deemed engaged in recruitment and placement

SEC 4. Prohibited Acts. 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 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 bonafide occupational qualification for employment. 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.

SEC 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 narticular accunatian ar nosition is exempt from the orovisions 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 person or persons of a particular sex and that such certification is not
sought as means of circumventing 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 from the provisions of this Act

SEC. 6. Guideline. The placement of and 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 for in Section 5 hereof.

SEC 7. Prevention of Unlawful Employment Practices. Whenever it is
charged 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 as occurred that an employer, private employment agency or labor organization
with a copy of such charge and make an investigation 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 unlawful employment practice

SEC 8. Regulations. The Department of Labor and Employment shall
promulgate rules and regulations to implement the provisions of this Act

SEC 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.

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

SEC 11. Separability Clause. If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

SEC 12. Repealing Clause. Any law, presidential decree or issuances,
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.

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

Approved,