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Philippines: Equal opportunities

Original and updating authors: Luisito V. Liban, Marianne M. Miguel and Patricia A. Madarang, SyCip Salazar Hernandez & Gatmaitan
Consultant editor: Emerico O. De Guzman, ACCRALAW

Summary

  • Discrimination in relation to employment is prohibited on grounds including sex, race, creed, age, disability, "solo parent" status, and HIV, hepatitis B or tuberculosis status. (See General)
  • Various specific rules govern discrimination on the prohibited grounds, notably in respect of discrimination against women, age discrimination and disability discrimination. (See Specific provisions)
  • Certain potential exceptions apply to the prohibition of discrimination, notably when particular characteristics are a bona fide occupational qualification for holding a position. (See Exceptions)
  • Sexual harassment in the employment environment is unlawful and employers must prevent or deter the commission of acts of sexual harassment and provide procedures for the resolution, settlement or prosecution of such acts. (See Harassment and sexual harassment)
  • It is an unlawful "unfair labour practice" for an employer to dismiss or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under the legislation prohibiting discrimination on the grounds of sex, race, creed or trade union membership. (See Victimisation)
  • Private-sector employers are not generally required, or permitted, to give preference to people from under-represented or disadvantaged groups in recruitment or promotion. (See Positive action)
  • Discrimination in relation to employment on the prohibited grounds is generally a criminal offence, while an employee or job applicant who believes that he or she has suffered unlawful discrimination or sexual harassment may bring civil court proceedings against the employer, seeking damages and other remedies. (See Remedies and penalties)