Republi ofthe Pines
[MOUSE OF REPRESENTATIVES.
‘Quezon City, Meto Mania
‘THIRTEENTH CONGRESS
First Regular Sesion

House BLL. No_ 2622
se HON AMADOESNOT
EXPLANATORY NOTE

‘The bese contitonal prohibition agaist unue discrimination i found in
Amici, Seton a the Contam wich sates

SECTION 1 No person salle deprived of life, hey and
sropery without due proces of lew, or shal any person be denied the al
rotetion fn”

tn the employment contest, the right o ual protection amped inthe fist
rapraph of Arle Xl, Section 3

SEC. 3, The Ste sal ford fll protection to abr, local and
overseas orgenized an unergaeized, and fom fll employment and
‘rua of employment opportinies frail

“To cary ou the constttonl mandate, the Labor Code declare bs policy

SEC. 3. elation of basic policy. ~ The State shall afford
protection to later promot. fll employment, emare egal work
Upporiticsreuniest of x, race red. and rede te elation
(een worker ard emponers.

Asay of esting lw, however, revels the ack of comprehensive legislation
which touch on unde dleriminaon agaimt wanes, member of cen egos,
TRelonal or etic grows, the cle, omosetal, and disabled Sometines, even
Filipino worker ar tinged in thi own county on acount of hei race.

‘Conges has improved the plight of workingwornen by eating RA 6725 which
stcngthees he proiiton on dsciminaion agai thm with respect othe ters and
Contos oft woman's employment There apes however, o provision of lw
‘neh protects women reerding te oe aspects a an employe-cmployee rations,
Sch a daring preemployenen cc with reper t abr relations or as eps promotion
{ommperary or manaperal postions

The same may be sid of bled pesons whose rights are protected by the
Magna Cara for Daabed Perane (RA 7277 ilar as cess to eppotanites for
semen: A, eo et et er a of ene
‘employe relations.

Aside rm he broad ronouncement inte Labor Coe, no farther protection is
‘ovided paint ssrimination onthe tis of race ov eoed There appears 1 bean
[ncn flaws which afford potion forthe oer marginalized roups

tn an fr to il this ak, this ll erefore seks to exp the coverage of
lel protection apn iscrimintion onthe bass the above attributes fom the tie
tf re-employment and labor relations and promotions Yo supervisory and managerial
‘onstons I is rvides the mechani fre inlementnon othe sme.



Ultimately, the elimination ofall forms of discrimination agains all workers will
result in the enhancement of theit economic viability and will make them realize their full
Potential in the service ofthe nation.

‘This is refled version of Senate Bill No. $33 introduced by Senator Raul S.
Roco in the 11 Congress. In view of worthy objectives of this bill the passage of the
same is eamestly urged.

PING. JR
fcc] Pangasifan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Mero Maia
“THIRTEENTH CONGRESS
Firat Regular Sesion

House snLno,_ 2622

Trroduced by HON-AMADO 1 ESTINO JH
“THE EQUAL EMPLOYMENT OPPORTUNITY ACT OF 2004

‘et emaced by the Sete and he Howse of Representatives of the Phipines
Congres exsembld:

SECTION 1, Declaration o Policy. ~ 1 ite policy ofthe Sate wo prtet and
‘enhance the ig ofall people to human dignity and reduce economic inequalities by
remoting equality of employment opportunities forall eas of sex, nce, creed,
$e, appeanc, sexua-onetaton reponal or ehnie oii, daly, weight or beight

SECTION 2, Definition of Terms. Fre purposes of is Ae:

21, The term “employer” means a person, mature o¢ juridial, domestic or
‘orig, wh cae on nthe Pipes an rade uses, Inst, uneraing oF
‘tiny of ay kind nd uses the Serices of Rec (19) oF more employees who ae
“nde the employers contol as rears employment fr each working day in each of
‘wor 900) or move calendar weeks, exept the Goverament ofthe republic of the
Phtippines, and any of Hs. polbcal subdivisions, branches, and instrumentals,
‘nating govermen-omned ad costolled corporations with orginal ches,

2.2. The tem “employment agency” means any person o entity engaged in the
‘ct of recrtieat and placement which conse of cavasing, else, coming,
Transporting. wlizig, hing or procuring workers, and lactudes refers, comet
Serves, promising or aderisng dor employment cally or abroad, wheter fr petit
‘orn Provided, hat ony person ot ently Which, in any mate, offers or promises for 8
free employment shall be deemed engaged in recruitment and placement. Provided,
fhe, hat the term stl clade both pate fexchaging employment agen” and
“pate eratment entity” whi the comemplation of Book | o Labor Coe, PD 48,
amended

23, The term “Tibor organization” shall ave the same meaning a dfoed in
[Avicle 2 (g) ofthe Labor Coe

24. The erm “employee” means an individual employed by am employe.

25, The term “ero” fede al aspects of reigious observance and practice, 8
well as bei umless an employer demonstrates that he ie arable 10 reasombly
{common io a employee's or prospective employee's religious observance ot
Practice without nde hardshp onthe cond of he employer's business

26. Te em “age” sal rer ond fy 940) of age or dr

127. The terms “becate of sex” or “on the bass of sex” include, but we vot
limited 10, teenie of or om the bat OF pregnancy, cult, oe related medical
‘tans shal be eaed the same for all employmentelaed purposes, inching
‘cup of benefts unr tinge beelit programs a ober persons ht 0 aieced ut
"ima nthe abit or nat to work and nothing ni At sal be inetd To
err ober,



28. The term “abt” shal have same meaning as defined in Section 4) of
the Magna Cra for Disabled Persons, A727

29. The fxm “Secretary” sll fer othe Secretary of Labor and Erployment
or is ty thorn representative fom the Burns

210. em “Brea” shal refer tthe Haren of Leal impoyment

2.11, The tem “Labor Code” sal refer tothe Labor Code ofthe Philippines

Pp 42, as amended

SECTION 5. fomploper Practices. ~ shall be an unlawful practice for an
employer

531. To filo tefise to hie orto discharge any individual, or eterwse to
discriminate against ay iodividual with respect to the lates competition, tems,
ditions, or priges of employment, inctuding but ot lined 0 prometion to
Spervisory or managerial postions tecause of suck indidul's sex, race, creed, 2B,
{gperane, ex onetton,regrnal ete og, sabi, weight of height oF

32. To limit segregate, or elusify bis employees in any way which would
erie or tend to deprive any employee of employment opportunites or etherwise
dersely allet the lars stats as am employe, because of sex, race, cred, ae,
‘Sypearance, sexual ovienttion, rina or enc origin, sabi, weight righ.

SECTION 4 Employment Agency Practices. ~ Wt shall be an unlavial
‘employment practices for an employcem agency ffi o eft refer fr enployment
‘ny ndvidalon the tas of the Tater’ sex, race, end, ge, appearance, sexal-
‘remtaton, regional or ehic ein, sabi, weight rheght

SECTION 5. Labor Orgentation Practices shall be ay unlawful
employment practice for abr ofpanzation

S51. To exci orto expel rm its membership, or otherwise wo dserininte
nin, any member bea of the lates Sex, ace, red, age, appearance, sexual
‘netaion,repnal ots opin, sai, weg ot height or

52. To limit, segregate, or classify rfl or refuse wo refer for employment any
mene, nay way which woul deprive or tend to deprive that member of employment
Cpporniics or tberwie affect Tate's satus a an employee or applica fr
ployment because of se, ace, eee, ape, appearace, scxalaienation, regional
‘thm org, disability, weight or eight.

SECTION 6 Aprentceship and Leadership Programs. I shal be a lal
employment pace fran employer ora fm bya group o association thereof by 4
fie orgazaion undertaking 0” sponsoring a appentieep oF larership program
‘ihn the contemplation of Bok I ofthe Labor Code, rote training or retain.
Inciting thea ining programs o Gncriminate agaist ny ind becuse of
the laters sex. race, ered, ape, appeaance,sexual-ocmation regional occ oni,
‘Seb, weight or big in aman t,o employment aay pom established to
Provide apprenticeship bameshp or other retaining,

SECTION 7. Discrimination for Making Charges, Testing, Assn, or
Parieipatng in Enforcement Proceedings. ~ It bal be an unlawful employment
race for employer to dinchmnal agaist any of his employes of aplians for
"mployeen foram employment agency or an employer of or poups or asocabors
thereof oF ive erganzation undertaking or sponsoring an apreticeship,leamership
for ther waiing progam, 1 discriminate agains any sia ov any bot
rgmiaton o discriminate agaist ary member Dea or aplcat for membership,
because e has mde charge, testified, assed, oF patted in any manner in an
‘nvetgnton, proceeding or hearing under thi Act



Prohibited Preferences, imitation, Speceation or Discrimination Occupational
Qualification Exempted. "it sali be unnwfal practice for an employe, or
‘Sreatzation, employment agency, fem or oup or asain threo! or 4 civic
amano underaking or aponsring an apprentice, laren or other ting,
‘ining, iealing onthe jb taining programs 1 rin, pblsh, eaesst or xis
te pied, published or broadcast ay notice or adtertisemeat rating to employment by
Sch an employer or membership i ny labor union or elsif ot rete for
fmployment by sch a labor organo, oF relating to classification or referal for
“ployment y such an employmeat agency oF felating o admission or employment
‘ran progam etal to provide apprentcestip, eamersip, oro bmg by a8
‘lye, finn or group or ssociaon thereof, o cv organization, indeing ny
proferens, limitation, sperifeaon, o discrmination based on ex ace, cred, age
peaance, sexuaoviemation, repona or ethnic ogi, disaily, weght or height
thee wicn such notice or advertisement nay iaate 4 preference, Limition,
Speclcton, or discrimination based om sex ac, ceed, eg, appearance, sex
‘rentaton, repional or eric origin, dsb, weight or height When any ofthese
tstbutes i Poms de ceuptona gulicaton fer employment

[SECTION 9 Busnes or Enterprises wih Personnel Qualfleton Bas of Sex
‘ac, Creed, Age, Appearance Setuatorlentton, Regional or Etc Origin, Weight
for Heighe Notottanding any provision of this Act, Stall not be an nls
‘ployment practice for an employment agency o casi, refer fr employment any
{advo for lboroxpasiation to clas membership cet class oF refer oe
‘mployment any individual, x a civic organization undertaking of sponsoring an
“ppentieshi, leamerhip or ole taining or eaining programs to admit or employ
{iy individual in any such program onthe bss of the laters Se, race, teed, ge,
‘pearance, seal-orenaton, eon or ethnic origin, dbl, weight or begh ih
those cera instances where any of the aiibtes is « Bony fide occupation!
‘glieation eaonuhy necessary othe normal operon a tha business.

SECTION 10. Seniority and Merit Sytem: Quantly or Qual of production:
Abiy Tex. ~ Notwistanding any provision oF tis Ae, it sll not be an unl
ployment practice for an employe fo apply diferent standards of compemstion, of
[rileges of employment pus! to a Bons fide seniority er merit sem, or sytem
‘hich measres wages Dy Quay oF quality af production oro epoyees who work in
{ileen locations Proided. that sch difleences ae nt a result fan iteation 10
‘dsciminate Because of se. race, ceed, age, appearance, semoitation, regional of
‘mic origin, dbl, weight or eight. Nor tall be an unlawful employment
[rc for an employe to gve and act upon the results of ay profesional developed
tility te Provided farther, tat such et administration o actin opon the els
is'nt designed, ltended or used to discriminate because of ses, race, ceed a,
spyatanceSexaal-oenatin, eon ex ethnic origin disability, weight or eight

SECTION 11, Prefereta Treatment Not To Be Granted by Reason of Exiting
Number oF Percentage Imbalance. ~ Noting contained i hs Act shal be intereted
to requce any employer, employment agency aor organization, fim or aseciton ot
{2oup thereto or eve organization subject to this Act to gant pretreat weatment 0
‘ny Inia because of Sex, ace, ceed, age, appearance, sexial-oetton, regional
‘rete origi, dab, weight oe eight by reason af an imalance which may exist
Sd rept tote total mumbe of percentage o individual of any ex, ce, cee, ae,
{eperance, sexalevietation, regional of eth origin, dsabiliy, weight or height
tsrployed by any employer, refered o classified for employment by any employment
Stoney o labor organization, or admied to, or employed in any apyentieship,
Tearership or ober ining prog, in comparison to the tal number of percentage of
individuals of se, ace, ered, age, appearance, sexualotetaton, repionl or etic
‘ign, sabi, wept of beight i ny municipality, cy, prvine, or ehe aes, ofa
‘theavalable workforce in any munipliy cy, ovine ooh wea

SECTION 12. Additonal Powers Granted te the Bureau In ation w he
rowers already vested hereto by the Infor the efetve plement fs Ac, the
zeus hereby vested wih the Flowing pone



121, To cooperate with and, with their consent, utilize national and local
seencies, both public and pate, including nongovernmental organizations, end
ina

122. To furmih prone subject this Act such echnical assistance a they may
request io fartbor ter compliance fhe Act or # ule, regulation, or onder sted
reader,

123. Upon the equst of (1) any employer, whose employees of some of them, oF
(20 ay labor engnnaton, whose members or some of tem refuse or ete ref
fo cooperate in effectning the rowsions ofthis Act, 1 sit in auch efetation by
Sch other remedial acuon as rovide y this Act

124, To make sch echnical studs as ae appropri to fun the purposes
and policies of tis Act

12.5 Subject tthe exerci by the Secretary or any law enforcement agent of the
powers vested in them by section 14 of this Act the Burau is hereby authori Yo
fnitate administrative ation with the labor abr with epect o claims for ata,
moa exemplary and ter forms of damages asng om voaons ofthis Act.

SECTION 18. Cooperation with Other Deparments and. Agencies in
Performance of Educational or Promotional Acivides The Buea sala. 8

ductonl or promotional ativies cooperate with other departments and agencies of
the Goverment,

SECTION 14 Vistorial and Enforcemen Power. ~ Tote exe applicable, the
Secreary shall exercise the same vistorial and enforcement power provided under
Article 12 of the Labor Code forthe fective implementation o this Ac. nado,
‘he Sectetny or ay I enforcement fice may inate criminal complains under this
‘hetif the pvt ofthe volton of ths Act 0 warrant. Recovery of eal in the
Ainunistative roading provided by hs Act hal a ogvery under he Civil Code or
‘the crm proceedings.

SECTION 15, Peal Clause. Any violation of this Act ray rue o regulation
promulgated ty the Secretary prsant thereto shal be pushed wit a fie of not ess
{han One thosond pesos (P 00000), or imprisonment ot less han hee (3) months
‘normore than ive (3) eas or but uch fine and npisorment a the diseetin of he
‘Court fa jrclpeton commited th offs, the president or manager oc ary ocr
‘hereof wi knows or sald have brown the cominon of the fess shalt isle
Inaddion to sich pena any alien found guilty shall be sunmaily deported upon
‘competin ofthe sevice ofthe sentence

SECTION 16, Reporting Requirement. ~The Seretary shall submit a epr to
‘he Congres en the plementation this Act within hit (30) a before he opening
ofeach regular session of Congsss

SECTION 17. Suppletor Application of the Labor Code. ~The provisions of
the Labor Cove shall apply uppity instar as they ae nt inconsistent withthe
Provisions of his Act

SECTION 18 Separablty Clause. 1 any provision o pat his Ae is eld
eval th einer of this At hal not be affected heey

SECTION 19, Repeating Clause. ~ ll as, decrees, excutve ode ores
sd rguitions inconsistent wih Us Act are hereby repealed or mie accordingly.

SECTION 20. ffectvty Clause, — This et sal take effec een (15) dys
ers publication i the Ocal Ost or tw (2) newspapers f general ication.

Approve,