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S E N A T 3  
S. No. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution and the Labor Code direct the State to promote equality of employment 
opportunities for all, regardless of sex, race, or creed. The word “sex” in the pertinent provision 
of the Labor code, however, pertains only to the male and the female gender and does not 
include homosexuals, bisexuals or heterosexuals. Consequently, there is no identifiable law or 
statute that specifically prohibits work discrimination on the basis of homosexuality, bisexuality, 
or heterosexuality. This bill fills the gap by prohibiting employment discrimination on the basis 
of sexual orientation. 
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MIRIAM D 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
First Regular Session 
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S E N A T 4  
S. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROHIBIT EMPLOYMENT DISCRIMINATION ON THE BASIS OF SEXUAL 
ORIENTATION 
Be it enacted by the Senate and the House of representutives of the Philippines in 
congress Assembled: 
SECTION 1. Short Title.- This Act shall be known as the “Employment Non- 
Discrimination Act.” 
SECTION 2. Declaration of Policy. - It is a declared State policy to ensure equal work 
opportunities regardless of sexual orientation. 
SECTION 3. DeJinition ofTerms. - As used in this Act: 
(1) 
The term “covered entity” means an employer, employment agency, labor 
organization, or joint management committee. 
(2) 
The term “employer” includes any person acting directly or indirectly in the 
interest of an employer in relation to an employee and shall include the Government and 
its branches, subdivisions, and instrumentalities, all government-owned and controlled 
corporations, as well as non-profit private institutions, or organizations. 
(3) The term “employee” includes any individual employed by an employer. 
(4) The term “employment agency” means any person regularly undertaking with or 
without compensation to procure employees for an employer or to procure for employees 
as opportunities to work for an employer and includes an agent of such a person. 
i 


(5) The term “employment or employment opportunities” includes job application 
procedures, hiring, advancement, discharge, compensation, job training or of dealing with 
employment concerning terms and conditions of employment. 
(6) The term “person” includes one or more individuals the 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, 
labor unions, partnerships, associations, corporations, legal representatives, mutual 
companies, joint-stock companies, trusts, unincorporated organizations, trustees, or 
receivers. 
(7) The term “religious organization” mean- 
a. a religious corporation, association, or society; 
b. a college, school, university, or other educational institution, not otherwise a 
religious organization, if (i) it is in whole or substantial part controlled, managed, 
owned, or supported by a religious corporation, association, or society, or (ii) its 
curriculum is directed toward the propagation of a particular religion. 
(8) The term 
“sexual orientation” means homosexuality, 
bisexuality, or 
heterosexuality, whether such orientation is real or perceived. 
(9) The term “state” means the national government and all its branches, 
subdivisions, and instrumentalities, and all government-owned and controlled 
corporations and institutions. 
SECTION 4. Prohibited Practices. It shall be an unlawful employment practice: 
i. for an employer- 
(a) to fail or refuse to hire or to discharge any individual, or otherwise to 
discriminate against any individual with respect to his compensation, terms, 
conditions, or privileged of employment, because of such individual’s sexual 
orientation; 
(h) to limit, segregate, or classify his employees or applicants for employment in 
any way which would deprive or tend to deprive any individual of 


employment opportunities or otherwise adversely affect his status as an 
employee, because of such individual’s sexual orientation; and 
c. to otherwise discriminate against an individual based on the sexual orientation 
of persons with whom such individual is believed to associate or to have 
associated with; 
2. for an employment agency- 
(a) to fail or refuse to refer for employment because of his sexual orientation; and 
(b) to otherwise discriminate against an individual based on the sexual 
orientation of persons with whom such individual is believed to associate or to 
have associated with. 
3. fox a labor organization- 
(a) to exclude or to expel from its membership any individual because of his 
sexual orientation; 
(b) to limit, segregate, or classify its membership or applicants for membership, or 
to classify or fail or refuse to refer for employment any individual, in any way which 
would deprive or tend to deprive any individual of employment opportunities, or would 
limit such employment opportunities or otherwise adversely affect his status as an 
employee or as an applicant for employment, because of such individual’s sexual 
orientation; 
(c) to cause or attempt to cause an employer to discriminate against an individual 
in violation of this section; and 
(d) to otherwise discriminate against an individual based on the sexual orientation 
of persons with whom such individual is believed to associate or to have associated 
with. 
Criminal liability for the willful commission of any unlawful act as provided in this 
section or any violation of the rules and regulations issued pursuant to Section 9 of this 
Act shall be penalized as provided in Articles 288 and 289 of the Labor Code: Provided, 
that the institution of any criminal action under this section shall not bar the aggrieved 
employee from filing an entirely separate and distinct action for money claims, which 


may include claims for damages and other affirmative reliefs. The actions authorized in 
this section shall proceed independently of each other. 
SECTION 5. Benejts. - This Act does not apply to the provision of employee benefits to 
an individual for the benefit of his or her partner. 
SECTION6. Religious Exemption. - (a) IN GENERAL-Except 
as provided in 
subsection (b), this Act shall not apply to religious organizations. 
(b) FOR PROFIT ACTIVITIES -This 
Act shall apply with respect to employment and 
employment opportunities that relate to any employment position that pertains solely to a 
religious organization’s for profit activities. 
SECTION 7. Non-Application to Member of the Armed forces. - (a) For purposes of this 
Act, the term employment or employment opportunities does not apply to members of the 
Armed Forces. 
(b) As used in paragraph (a), the term Armed Forces means the Army, Navy, Air Force, 
Marine Corps, Coast Guard, and the Philippine National Police. 
SECTION 8. Retaliation and Coercion Prohibited. - 
(a) Retaliation - A covered entity shall not discriminate against an individual 
because such individual made a charge, assisted, testified, or participated in any means in 
an investigation, proceeding, or hearing under this Act. 
(b) Coercion - A person shall not coerce, intimidate, threaten, or interfere with 
any individual in the exercise or enjoyment of any right granted or protected under this 
Act. 
SECTION 9. Enforcement. - The Secretary of Labor and employment and the Chairman 
of the Civil Service Commission are hereby authorized to promulgate the necessary guideline to 
implement this Act. 


SECTION 10. State Immunity. - The Secretary shall not be immune from an action in a 
court of competent jurisdiction for a violation of this Act, remedies (excluding punitive damages) 
are available for the vioIation to the same extent as such remedies are available in an action 
against a private entity. 
SECTION 11. Relationship to other Luws. This Act shall not invalidate or limit the 
rights, remedies, or procedures available to an individual claiming discrimination prohibited 
under any other law, rule, or regulation. 
SECTION 12. Sepavability 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. 
SECTION 13. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 14. Eflectivity Clause. - This Act shall take effect fifteen days (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved. 
Fn: 310