Source: Public Relations and Information Department

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Solon wants discriminating employers penalized
08 February 2010 09:12:46 AM
Writer: Isagani C. Yambot Jr., MRS-PRIB

A House member is pushing for a law that shall prohibit and penalize employers who discriminate workers and job seekers.

Rep. Narciso D. Santiago III (Party-list, ARC) said his proposal embodied in House Bill 7031 also known as the Unlawful Employment Practice Act of 2009 aims to provide protection to employees and job applicants from discrimination in employment.

Santiago explained that employment discrimination occurs whenever an employer or its representatives adversely singles out employees or applicants on the basis of age, race, gender, sex, disability, religion and for other reasons.

Such acts contravenes the equal protection clause of the Constitution which provides that employers cannot discriminate against a person in any aspect of employment, such as: hiring and firing, compensation, assignment or classification of employees, transfer, promotion, layoff, or recall, job advertisements, recruitment, testing, use of company facilities and training according to Santiago.

"The Constitution under Article III Section 1 also provides that no person shall be deprived of life, liberty, or property without due process of law, nor any person be denied the equal protection of the laws," said Santiago.

To be considered as "illegal," such discrimination must however be in violation of a specific law, otherwise, no protection from discrimination may be had even how unfair or unethical it may seem, according to Santiago.

Santiago cited as an example an employer who may be harder on a specific employee from anyone else for no apparent reason.

"While it might be unethical behavior for a boss, it is not discrimination by law. But if he or she is extra hard on the employee for reason that's protected by law, such as religion, age or sex, then such shall constitute illegal discrimination, especially if an employee is negated of a well deserved promotion" Santiago pointed out.

Under HB 7031, violators shall pay a fine of P1,000,000.00 or face imprisonment of up to 12 years or suffer both, upon the discretion of the court.

Other unlawful acts of an employer under the measure are refusal to hire or employ the person or refusal to select the person for a training program leading to employment or to discharge the person from employment or from a training program leading to employment, or to discriminate by reason of race, religion, physical disability, sex, age, and marital status.

Among the exceptions to the prohibited acts shall be an employers' refusal to hire or discharge an employee with a medical condition or physical or mental disability. An employer may be free from any legal liability if the employee, because of his or her physical or mental disability, is unable to perform his or her essential duties or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations.

An employer or employment agency may also require any medical or psychological examination of an employee or to make any medical or psychological inquiry of an employee based on the provisions of the bill.

The measure also defines harassment as those acts which includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical condition.