Discrimination in the Workplace

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Discrimination in employment and occupation takes many forms, and occurs in all kinds of work settings. It entails treating people differently because of certain characteristics, such as race, colour or sex, which results in the impairment of equality of opportunity and treatment. In other words, discrimination results in and reinforces inequalities. The freedom of human beings to develop their capabilities and to choose and pursue their professional and personal aspirations is restricted, without regard for ability. Skills and competencies cannot be developed, rewards to work are denied and a sense of humiliation, frustration and powerlessness takes over.

The elimination of discrimination at work is central to social justice, which lies at the heart of the ILO’s mandate. It underpins the concept of decent work for all women and men, which is founded on the notion of equal opportunities for all those who work or seek work and a living, whether as labourers, employers or self-employed, in the formal or the informal economy. The elimination of discrimination is an indispensable part of any viable strategy for poverty reduction and sustainable economic development. http://www.ilo.org/global/topics/equality-and-discrimination/workplace-discrimination/lang--en/index.htm

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Laws On Employment Discrimination in the Philippines APRIL 05 2012

Country-specific employment/labour law information
Labor Code On Women And Other Forms Of Discrimination
The Labor Code provides that the government shall ensure equal work opportunities, regardless of sex, race, age or creed. Republic Act N° 7192, otherwise known as the “Women In Developing and Nation Building Act,” affords women equal work opportunities with men. Under the Labor Code, it is unlawful for an employer to discriminate against any female employee with respect to terms and conditions of employment solely on account of sex. The following are considered acts of discrimination: * Payment of lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employee as against a male employee for work of equal value; and  * Favoring a male employee over a female employee with respect to promotions, training opportunities, and study and scholarship grants solely on account of their sexes. 

It is also unlawful for an employer to do any of the following: * To require as a condition of employment or continuation of employment that a female employee shall not get married;  * To stipulate expressly or tacitly that upon getting married, a female employee shall be deemed resigned or separated;  * To dismiss, discharge, discriminate or otherwise prejudice a female employee merely by reason of her marriage;  * To deny any female employee the benefits provided in the Labor Code or to discharge any female employee to prevent her from enjoying the benefits provided in the Labor Code;  * To discharge any female employee on account of her pregnancy or while on leave or in confinement due to her pregnancy;  * To discharge or refuse the admission of any female employee upon her returning to work for fear that she may again be pregnant.  The Labor Code also makes it unlawful for an employer to do any of the following: * To discriminate against any employee who has filed any complaint concerning wages or has testified or is about to testify in such complaint;  * To discriminate against employees in the exercise of their right to self-organization;  * To discriminate in regard to wages, hours of work, and other terms and conditions of employment to encourage or discourage membership in any labor organization;  * To discriminate against an employee for having given or being about to give testimony under the Labor Code.  Republic Act N° 7277 (“RA 7277”), As Amended By Republic Act N° 9442, otherwise known as the “Magna Carta for Persons with Disability” RA 7277 provides...
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