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LEARNING OUTCOMES
Explain how the three branches of government regulate human resource
management.
Summarize the major laws requiring equal employment opportunity.
Identify agencies that enforce equal employment opportunity, and describe
the role.
Understanding the employee rights
Define sexual harassment, and tell how employers can eliminate or
minimize it.
Understanding the PWD law and OSHA law
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Equal Employment Opportunity (EEO)
Equal employment opportunity
(EEO)– condition in which all
individuals have an equal chance for
employment, regardless of their race,
color, religion, sex, age, disability, or
national origin.
Federal government’s efforts in this area
include:
constitutional
amendments
Legislation
executive orders
court decisions
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Section 5 of Republic Act No.
7277
“SEC. 5. Equal Opportunity for Employment. – No
person with disability shall be denied access to
opportunities for suitable employment. A qualified
employee with disability shall be subject to the same
terms and conditions of employment and the same
compensation, privileges, benefits, fringe benefits,
incentives or allowances as a qualified able bodied
person.
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The Government’s Role in
Providing For EEO: (EEOC)
Responsible for enforcing most of EEO laws.
Investigates and resolves complaints about discrimination
Gathers information
Issues guidelines
Monitors organizations’ hiring practices
Complaints must be filed within 180 days of incident.
EEOC has 60 days to investigate complaint.
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REPUBLIC ACT NO. 10524
An act expanding the positions reserved for persons with
disability, amending for the purpose republic act no. 7277,
as amended, otherwise known as the magna carta for
persons with disability.
SECTION 1. Equal Opportunity for Employment – Section 5
of Republic Act No. 7277, as amended is hereby amended
to read as follows:
“Sec. 5. Equal Opportunity for Employment – No person with
disability shall be denied access to opportunities for suitable
employment. A qualified
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Employee with disability shall be subject to the same
terms and conditions of employment and the same
compensation, privileges, benefits, fringe benefits,
incentives or allowances as a qualified able bodied
person.
“At least one percent (1%) of all positions in all
government agencies, offices or corporations shall
be reserved for persons with disability: Provided
That private corporations with more than one
hundred (100) employees are encouraged to reserve
at least one percent (1%) of all positions for persons
with disability.
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OFFICES/AGENCIES IN-CHARGE
FOR IMPLEMENTING THE EEO
Department of Labor and Employment (DOLE)
Civil Service Commission (CSC)
National Council on Disability Affairs (NCDA)
The Governance Commission for Government-Owned
Corporations (GCG)
Department of Health (DOH)
Department of Social Welfare and Development (DSWD)
Bureau of Internal Revenue
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EMPLOYEE RIGHTS AT THE
WORKPLACE
Right to be free from discrimination and harassment of all
types;
Right to a safe workplace free of dangerous conditions,
toxic substances, and other potential safety hazards;
Right to be free from retaliation for filing a claim or
complaint against an employer (sometimes called
whistleblower rights);
Right to fair wages for work performed.
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Businesses’ Role in Providing for EEO:
Avoiding Discrimination
Disparate Treatment
Differing treatment of individuals based
on the individuals’ race, color, religion,
sex, national origin, age, or disability
status.
Bona Fide Occupational
Qualification (BFOQ)
A necessary (not merely preferred)
qualification for performing a job.
The Supreme Court has ruled that
BFOQ’s are limited to policies directly
related to a worker’s ability to do the
job.
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Businesses’ Role in Providing for EEO:
Avoiding Discrimination
Disparate Impact
•A condition in which employment
practices are seemingly neutral yet
disproportionately exclude a
protected group from employment
opportunities.
Four-Fifths Rule
Rule of thumb that finds evidence of
discrimination if an organization’s hiring
rate for a minority group is less than
four-fifths the hiring rate for the majority
group.
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Avoiding Discrimination
Reasonable Accommodation- employer’s obligation to do something to enable an
otherwise qualified person to perform a job.
Companies should recognize needs based on individuals’ religion or disabilities.
Employers may need to make such accommodations as adjusting work schedules or dress codes, making the
workplace more accessible, or restructuring jobs.
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Avoiding Discrimination
Sexual Harassment- unwelcome sexual advances, requests for sexual favors, and other
verbal or physical contact of a sexual nature when:
1. Submission to such conduct is made explicitly or implicitly a term of condition of an individual’s
employment,
2. Submission to or rejection of such conduct by an individual is used as the basis for employment
decisions affecting such individual, or
3. Such conduct has the purpose of effect of unreasonably interfering with an individual’s work
performance or creating an intimidating, hostile, or offensive working environment.
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Avoiding Discrimination
• Organizations can prevent sexual
harassment by:
– Developing and communicating a policy that defines and forbids it
– Training employees to recognize and avoid this behavior
– Providing a means for employees to complain and be protected
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Workplace Safety: Occupational Safety
and Health Act (OSH Act)
Authorizes federal government to establish and enforce occupational safety
and health standards for all places of employment engaging in interstate
commerce.
• Established (OSHA). Responsible for:
– Inspecting employers
– Applying safety and health standards
– Levying fines for violation
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REPUBLIC ACT NO. 11058
An act strengthening compliance with occupational, safety
and health standards and providing penalties for violations
thereof
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DECLARATION OF POLICY
SECTION 1. The State affirms labor as a primary social and
economic force, and that a safe and healthy workforce is an
integral aspect of nation building.
The State shall ensure a safe and healthful workplace for all
working people by affording them full protection against all
hazards in their work environment. It shall ensure that the
provisions of the Labor Code of the Philippines, all domestic
laws, and internationally-recognized standards on
occupational safety and health are being fully
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Enforced and complied with by the employers, and it shall
provide penalties for any violation thereof.
The State shall protect every worker against injury, sickness
or death through safe and healthful working conditions
thereby assuring the conservation of valuables manpower
resources and the prevention of loss or damage to lives and
properties consistent with national development goals, and
with the State’s commitment to the total development of
every worker as a complete human being.
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The State, in protecting the safety and health of the workers,
shall promote strict but dynamic, inclusive, and gender-
sensitive measures in the formulation and implementation
of policies and programs related to occupational safety and
health.
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ACTIVITY (Individual)
SELF-ASSESSMENT EXERCISE
1. A man cannot be the victim of sexual harassment.
2. The harasser can only be the victim’s manager or a
manager in another work area.
3. Sexual harassment charges can be filed only by the person
who directly experiences the harassment.
4. The best way to discourage sexual harassment is to have a
policy that discourages employees from dating each other.
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5. Sexual harassment is not a form of sex discrimation.
6. After receiving a sexual harassment complaint, the employer
should let the situation cool off before investigating the
complaint.
7. Sexual harassment is illegal only if it results in the victim
being laid off or receiving lower pay.
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GROUP ACTIVITY
AIRBNB CONTINUES TO ADDRESS DIVERSITY CHALLENGE
QUESTIONS:
1. What legal problems could a company such as AirBnb
experience as a result of hiring and promoting only small
percentages of women and minorities?
2. If you were an HR manager at AirBnb, what other measures
would you recommend the company take in order to comply with
the law and meet strategic goals for diversity?
