2. Chapter 2: EQUAL EMPLOYMENT OPPORTUNITY
(EEO) AND THE LAW
Objectives:
Define employment discrimination and describe the various form
Cite various discriminatory HRM issues that impact an
organization’s HR practices
Identify Equal Employment Opportunity (EEO) laws in the
Philippines
Identify and discuss the various Equal Employment Opportunity
(EEO) laws in the Philippines
3. Legal issues pervade almost all aspects of
employment from the recruitment and selection
of applicants to their separation from
employment. Several laws tackle a variety of
legal issues. Some may be related to specific
employment practices while others cover
extensive HR concerns such as employment
discrimination in the areas of age, sex, race
and other factors.
4. EMPLOYMENT DISCRIMINATION
The unjust or prejudicial treatment of
different categories of people of thing
specifically on the basis of their age,
race, gender and religious belief.
5. During recruitment, firms should be
cautious not to fringe anti-discrimination
laws. The goal of these laws is to make
certain that an individual who seeks
employment is equal chances to vie for it.
These situations are clear-cut, but many
other are not.
6. For example,
“is it discriminatory to refuse to hire
women in a job that requires carrying
object that weigh of more than 50
kilogram?”
7. Uncertainties over whether there is
discrimination may be avoided by
applying the concept of “BONA FIDE
OCCUPATIONAL REQUIREMENT”
8. That the company must be able to
prove that the requirement is indeed
essential. If a fitness center wants to
hire only women to supervise its
women locker room and sauna, it can
do so without being discriminatory
because it established a bona fide
occupational requirement.
9. Categories of people protected by
EEO Laws
1. PROTECTED CLASSIFICATIONS
Categories of people who are lawfully protected
against employment discrimination based on
their age, gender, skin color, ethnicity and
physical or mental disability
10. Categories of people protected by
EEO Laws
2. PROTECTED GROUPS
Sub-categories of people within
each protected classifications.
11. 1. INTENTIONAL DISCRIMINATION OR
DISPARATE TREATMENT
This is a kind of an unlawful discrimination
wherein the employer makes a gesture
that intentionally treats an individual
differently on the basis of some form of
criteria.
HOW THE COURT DEFINES
DISCRIMINATION
12. 2. UNINTENTIONAL DISCRIMINATION
OR DISPARATE IMPACT
This is an indirect type of discrimination
whereby a policy or standard that is work-
related gives unequal chances to
individuals from various protected groups.
HOW THE COURT DEFINES
DISCRIMINATION
14. Equal Employment Opportunity
Every employment opportunity seeks to
guarantee despite his age, color, disability, sex,
religion, national origin or race has an equal
chance of employment based on his or her
qualifications inventory.
15. Affirmative Action
It goes beyond equal employment opportunity by
compelling employers to take certain steps to
provide those in the protected group fair
chances for employment.
17. RA 7277- AN ACT PROVIDING FOR
THE REHABILITATION, SELF
DEVELOPMENT AND SELF-
RELIANCE OF DISABLED PERSONS
AND THEIR INTEGRATION INTO THE
MAINSTREAM OF SOCIETY AND
FOR OTHER PURPOSES.
18. DISABLE PERSONS
Are those suffering from restriction or
different abilities, as a result of a mental,
physical or sensory impairment, which
render them unable to perform an activity in
the manner or within the range considered
normal for human being.
19. TITLE II
RIGHTS AND PRIVILEGES OF
DISABLE PERSONS
CHAPTER 1
EMPLOYMENT
RA NO. 7277
20. SEC. 5- EQUAL OPPORTUNITY
FOR EMPLOYMENT
No disabled person shall be denied access to
opportunities for suitable employment. A
qualified disabled employee shall be subject to
the terms and conditions of employment and
the same compensation, privileges, benefits,
fringe benefits, incentives or allowances as a
qualified able bodied person (Chan Robles
virtual law library).
21. SEC. 5- EQUAL OPPORTUNITY
FOR EMPLOYMENT
5% of all casual, emergency and contractual
positions in the DSWD, Health; Education,
Culture and Sports; and other government
agencies, offices or corporations engaged in
social development shall be reserved for
disabled person.
22. SEC. 6- SHELTERED EMPLOYMENT
SEC. 7- APPRENTICESHIP
SEC. 8- INCENTIVES FOR EMPLOYEES
SEC.9- VOCATIONAL REHABILITATION
SEC. 10- VOCATIONAL GUIDANCE AND
COUNSELING
SEC. 11- IMPLEMENTING RULES AND
REGULATIONS
24. ANTI-SEXUAL HARASSMENT ACT
All forms of sexual harassment in employment, education
or training environment are declared unlawful (Sec.2).
25. ANTI-SEXUAL HARASSMENT ACT
(Sec.3) defines SEXUAL HARASSMENT as a
request for sexual favor, accepted or not, from an
employer, employee, manager, teacher,
instructor, professor, coach, trainer or other
persons who have authority, influence or moral
ascendancy over another.
26. ANTI-SEXUAL HARASSMENT ACT
Sexual Harassment is committed when such a
favor is demanded in return for employment or
promotion, or if the refusal to grant such a favor
results in the impairment of an employee’s right,
privileges or employment opportunities.
27. TWO (2) TYPES OF SEXUAL HARASSMENT
QUID PRO QUO SEXUAL HARASSMENT
Happens when a manager demands
sexual intimacy from subordinate or
possible a hire in exchange of
employment. A manager or supervisor
who has the power to employ or
terminate can carry out quid pro qou
sexual harassment, and that behavior is
completely illegal.
28. TWO (2) TYPES OF SEXUAL HARASSMENT
HOSTILE ENVIRONMENT
Can take place when unsolicited
criticism and action interfere with
the employee’s performance and
well-being or has created a
disrespectful or insulting work
environment for the harassed-
employee.
29. TWO (2) TYPES OF SEXUAL HARASSMENT
HOSTILE ENVIRONMENT
Other than the employee who is the
target of harassment, the rest of the
workers who have witnessed or
heard about the harassment, are also
considered victims and may likewise
view the workplace as very
unfriendly, which could negativity
impact their productivity.
31. It aims to promote the objective appraisal
of jobs on the basis of the work to be
performed and cooperation of the
employers’ and workers’ organization
concerned.
33. The State must ensure fundamental equality
before the law and provide women with rights
and opportunities equal to that of men.
Gender biases must be removed and a
substantial part of foreign assistance funds
are utilized to support programs and activities
for women.
34. ACT TO REGULATE THE
EMPLOYMENT OF
WOMEN & CHILDREN, TO
PROVIDE FOR PENALTIES
IN VIOLATION HEREOF,
AND FOR OTHER
PURPOSES, 1952
35. The Act prohibits the employment of women in work
which involves prolonged standing or lifting of heavy
objects and (with some exceptions) night work, and
provides for rest periods (Sec.7). It prohibits
discrimination against women in terms of work and
remuneration. It also provides for maternity leave benefits
(at least two weeks before and four weeks after delivery
but only for the first four deliveries) and requires the
establishment of facilities for women an children at the
workplace.
37. Sec.9 stipulates that there must be no discrimination
against a public health worker, inter alia with regard to
gender. Sec. 7 requires everything possible to be done to
permit married couples who are both public health
workers to be employed in the same municipality.
Moreover, the Acts grants additional benefits to public
health workers, the majority of whom are women, such as
security of tenure, regulations concerning the normal
hours of work, overtime work, work during rest day and
night shift, and leave and benefits.
41. I. (Art. 12) The Secretary of Labor must
establish standards that will ensure the
safety lavatories, nurseries, minimum
age, and other standards for
retirement.
42. II. (Art. 135) strengthens the prohibition of
discrimination against women with respect to
terms and conditions of employment. It defines
discrimination as paying lower compensation to a
woman for work of equal value and favoring a
male employee with respect to promotion,
training opportunities, and study or scholarship
grants.
43. III. (Art. 136) that is unlawful for an employer to
require, as a condition of employment or continuation
of employment, that a woman employee not marry,
or to stipulate expressly or tacitly that upon getting
married a woman employee shall be deemed to gave
resigned or separated, or to actually dismiss,
discharge, discriminate against or otherwise
prejudice a woman employee merely by a reason of
her marriage.
44. IV. (Art. 137) it is prohibited to discharge a
woman on account of her pregnancy, or
while on leave or in confinement due her
pregnancy. It is also prohibited to
discharge or refuse the admission of a
woman upon returning to her work for fear
that she may again be pregnant.
