RECEIVED
Republic of the Philippi eel 2016
HOUSE OF REPRESENTATIVE:
Quezon City 4

SEVENTEETH CONGRESS
First Regular Session | ON UNIT
"X SERVI

HOUSE BILL NO. 1882

Introduced by Honorable Florida P. Robes

EXPLANATORY NOTE

Despite claims that unemployment rate has ebbed away during the previous

administration as a result of the rapid economic growth, many Filipinos still find it
difficult to seek employment due to some factors that characterize discrimination in
employment. Discrimination happens when employers or labor contractors require a
particular preference for employment or when rules or practices purports to be non-
discriminatory but in reality lead to exclusions. To make things worse, people claim that
our society adheres to “whom you know not what you know” employment policy.
Clearly, this contravenes State policy on equality. As such, the State should accord equal
opportunities to all individuals and provide avenues that will develop fully the
knowledge, skills and competencies that are relevant to the economic activities they
wish to pursue. There should be measures that will put importance to diversity in
culture, language, family circumstances, and belief systems and establish a more
comprehensive approaches for the elimination of discrimination in employment and
occupation.

Hence, it is a mandate of the government to regulate the conditions of
employment. Policies and practices related to hiring, assignment of tasks, working
conditions, pay, benefits, promotions, lay-offs and termination of employment must
highlight that merits and abilities to do a job should be the basis of employment rather


than irrelevant characteristics such as race and ethnicity, color, religion and religious
beliefs, sex and sexual orientation, disability, political affiliation, marital status and
other preferences which discriminate applicants such as preference over graduates of
specific universities or presence of a medical condition such as HIV-AIDs.

This proposed legislation seeks to eliminate discrimination in employment by
dismantling barriers and ensuring fair and equitable treatment in employment. Its
overall policy objective is not just to ensure that all employees or job applicants have an
equal opportunity to engage in the employment market but also to level ‘the playing
field’ so that certain classes of people who have been discriminated against in the past
are not subjected to adverse treatment based upon certain characteristics that have
nothing to do with being a qualified job applicant or employee. The State should not
tolerate discrimination or harassment based on any of these characteristics.

Considering the aforementioned, the passage of this bill is earnestly sought.

FLORIDA P. ROBES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEETH CONGRESS
First Regular Session

HOUSE BILL nol 882

Introduced by Honorable Florida P. Robes

AN ACT PROVIDING FOR EQUAL EMPLOYMENT OPPORTUNITY AND
EQUITABLE TREATMENT IN EMPLOYMENT TO ALL PERSONS AND
PROVIDING PENALTIES THEREFOR

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

SECTION 1. Short Title. This Act shall be known as the “Equal Employment
Opportunity Act”,

SEC. 2. Declaration of Policy. It is hereby declared a policy of the State to
provide equal opportunity in employment for all qualified persons in order to promote
the full realization of equal opportunity through a positive, continuing program in both
public and private agencies as to ensure a fair employment policy and practice and to
provide employees and workers a work environment free of discrimination and
harassment.

SEC. 3. Definition of Terms. — As used in this Act, the following terms shall
mean:

(a) “Employee” — refers to a person who performs professional, managerial or
administrative work and is paid salaries by the employer as compensation for
services rendered.

(b) “Employer” ~ refers to any person acting directly or indirectly in the interest
of an employer in relation to an employee or worker and shall include the
government and all its branches, subdivisions and instrumentalities, all
government-owned or controlled corporations and institutions, as well as
non-profit private institutions, or organizations.

(c) “Job Applicant” — refers to a person who applies for a post employment.


(d) “Labor Contractor” —refers to any person or an agent of that person who
regularly undertakes, with or without compensation, the procurement of
employees or workers for an employer, or the procurement for employees or
workers opportunities to work for an employer.

(c) “Labor Organization” — refers to any union or association of employees or
workers which exists in whole or in part for the purpose of collective
bargaining or for dealing with employers concerning terms and conditions of
employment.

(f) “Publisher” — refers to any person or juridical entity engaged in the printing of
information on paper and its distribution, buying or securing of airtime or
space on television, radio or the internet, and other similar media.

(g) “Worker” ~ refers to a person who performs manual labor involving skilled or
unskilled work, and is paid wages by the employer as compensation for
services rendered.

SEC. 4. Coverage. - The provisions of this Act shall apply to all employers,
labor contractors, and labor organizations. As such, heads of all public and private
agencies and corporations must establish and maintain a positive program of equal
employment opportunity and fair and equitable treatment in employment for all
applicants within their jurisdiction.

SEC. 5. Equal Employment Opportunity Clause. — It shall be the policy of
all employers, labor contractors, and labor organizations to provide equal employment
opportunity and fair and equitable treatment in employment to all people regardless of
race and ethnicity, color, religion and religious beliefs, sex and sexual orientation,
disability, political affiliation, marital status and other discriminatory preferences such
as preference over graduates of specific universities or presence of a medical condition
such as HIV-AIDs which undermine the capacity and competencies of applicants.

SEC. 6. Prohibited Acts. — The following acts shall be unlawful:

(a) Printing or publishing, in whatever media, any notice of advertisement
relating to employment suggesting preferences, limitations, specifications,
and discrimination such as race and ethnicity, color, religion and religious
beliefs, sex and sexual orientation, disability, political affiliation, marital
status and other discriminatory preferences;


(b) Requiring the declaration of race and ethnicity, religion and religious beliefs,
political affiliation, marital status and other discriminatory preferences to be
stated in the application form;

(c) Declining any employment application on the ground of race and ethnicity,
color, religion and religious beliefs, sex and sexual orientation, disability,
political affiliation, marital status and other discriminatory preferences;

(d) Discriminating against an individual in terms of compensation, terms and
conditions, or privileges of employment on account of race and ethnicity,
color, religion and religious beliefs, sex and sexual orientation, disability,
political affiliation, marital status and other discriminatory preferences;

(c) Denying any employee or worker’s promotion or opportunity for training
because of race and ethnicity, color, religion and religious beliefs, sex and
sexual orientation, disability, political affiliation, marital status and other
discriminatory preferences;

(f) Forcibly laying off an employee or worker on the ground of race and ethnicity,
color, religion and religious beliefs, sex and sexual orientation, disability,
political affiliation, marital status and other discriminatory preferences;

(g) Imposing early retirement on the basis of race and ethnicity, color, religion
and religious beliefs, sex and sexual orientation, disability, political affiliation,
marital status and other discriminatory preferences;

(h) For a labor contractor or subcontractor, refusing to refer for employment any
applicant on the ground of race and ethnicity, color, religion and religious
beliefs, sex and sexual orientation, disability, political affiliation, marital
status and other discriminatory preferences;

(i) For a labor organization, denying or excluding from membership any
employee or worker on the ground of race and ethnicity, color, religion and
religious beliefs, sex and sexual orientation, disability, political affiliation,
marital status and other discriminatory preferences;

SEC. 6. Role of Government Agencies.- The Department of Labor and
Employment and the Civil Service Commission shall:

(a) Supervise and provide leadership and guidance in the conduct of equal
employment opportunity program for all employees;

(b) Consult with concerned individuals, groups, or organizations to facilitate the
achievement of a program for equal employment opportunity;

(©) Provide for the prompt, fair, and impartial consideration of all complaints of
discrimination in employment on the basis of race and ethnicity, color, religion


and religious beliefs, sex and sexual orientation, disability, political affiliation,
marital status and other discriminatory preferences which undermine the
capacity and competencies of applicants

SEC. 7. Penalty. — Any violation of this Act shall be punished with a fine of not
less than fifty thousand pesos (Php50,000.00) but not more than five hundred
thousand pesos (Php500,000.00), or imprisonment of not less than three (3) months
but more than two (2) years, 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. 8. Implementing Rules and Regulations. — The Department of Labor
and Employment and the Civil Service Commission shall have the authority to
investigate and require the keeping of records necessary for the administration of this
Act. Within ninety (90) days from effectivity of this Act, the Secretary of Labor and
Employment and the Chairperson of the Civil Service Commission shall formulate the
necessary rules and regulations to implement the provisions of this Act.

SEC. 9. Repealing Clause. — All laws, ordinances, rules and regulations, and
other issuances or parts thereof which are inconsistent with this Act are hereby repealed
or modified.

SEC. 10. Separability Clause. ~ If for any reason any section or provision of
this Act is declared unconstitutional or invalid, the other sections or provisions thereof,
shall not be repealed or modified.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in any two newspapers of general circulation.

Approved,