CORE GATEWAY COLLEGE, INC.

BUSINESS EDUCATION PROGRAM

Human
Resource
Management
MNGT 101

YOUR DREAMS, OUR BUSINESS.

 CHAPTER 2
EQUAL EMPLOYMENT OPPORTUNITY
(EEO) AND THE LAW
Definition and Scope of HRM
Discrimination
- is the unjust or prejudicial treatment of different categories
of people or things specifically on the basis of their age, race,
gender, and religious beliefs.
Definition and Scope of HRM
Discrimination
- is the unjust or prejudicial treatment of different categories
of people or things specifically on the basis of their age, race,
gender, and religious beliefs.

Example: Is it discriminatory to
refuse to hire women in a job
that requires carrying objects
that weigh of more than 50
kilograms?
Definition and Scope of HRM
Discrimination
- is the unjust or prejudicial treatment of different categories
of people or things specifically on the basis of their age, race,
gender, and religious beliefs.

Bona Fide Occupational

Requirement - the company must
be able to prove that the
requirement is indeed essential.
Two Categories of People Protected by EEO
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.
2.Protected Groups - sub-categories of people within each protected
classifications. Ex: white, black, and brown are protected groups
under the protected classification skin color.
The court defines discrimination as:

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. Example: A company telling an older applicant that
they’re looking for younger applicants for the position.

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. Example: A company accepting online applications
which unintentionally excludes older applicants since they’re not familiar
with using computers.
EQUAL EMPLOYMENT OPPORTUNITY VERSUS AFFIRMATIVE ACTION

Affirmative action goes beyond equal employment opportunity

by compelling employers to take certain steps to provide those in
the protected group fair chances for employment. This is done to
eliminate the adverse effects of past discriminatory practices on the
current workplace practices in terms of recruitment and selection.
Example: Republic Act No. 10524, also known as the Expanded QPD
Employment Quota Law, mandates that at least 1% of all positions in
government agencies and corporations be reserved for persons with
disabilities (PWDs). Private corporations with more than 100 employees are
encouraged to reserve at least 1% of their positions for PWDs.
Title II – Rights and Privileges of Disabled Persons

Disabled 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 a human
being.
Title II – Rights and Privileges of Disabled Persons
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 same 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). Five percent (5%) of all
casual, emergency, and contractual positions in the Departments of Social
Welfare and Development; Health; Education, Culture and Sports; and
other government agencies, offices or corporations engaged in social
development shall be reserved for disabled persons.
Title II – Rights and Privileges of Disabled Persons
Sec. 6. Sheltered Employment. If suitable employment for
disabled person cannot be found through open employment as
provided in the immediately preceding Section, the State shall
endeavor to provide it by means of sheltered employment. In the
placement of disabled persons in sheltered employment, it shall
accord due regard to the individual qualities, vocational goals, and
inclinations to ensure a good working atmosphere and efficient
production.
Title II – Rights and Privileges of Disabled Persons
Sec. 7. Apprenticeship. Subject to the provisions of the Labor
Code as amended disabled persons shall be eligible as apprentices
or learners: provided that their handicap is not as much as to
effectively impede the performance of job operations in the
particular occupation for which they are hired; provided, further,
that after the period of apprenticeship elapses, if found satisfactory
in terms of job performance, they shall be eligible for employment.
Title II – Rights and Privileges of Disabled Persons

Sec. 8. Incentives for Employers. (a) To encourage the

active participation of the private sector in promoting the welfare
of disabled persons and to ensure gainful employment for
qualified disabled persons, adequate incentives shall be provided
to private entities which employ disabled persons.
Title II – Rights and Privileges of Disabled Persons
(b) Private entities that employ disabled persons who meet the
required skills or qualifications, either as regular employee, apprentice
or learner, shall be entitled to an additional deduction, from their gross
income, equivalent to twenty-five percent (25%) space of the total
amount paid as salaries and wages to disabled persons: provided
however, That such entities present proof as certified by the Department
of Labor and Employment that disabled persons are under their employ.
Provided, further, that the disabled employee is accredited by the
Department of Labor and Employment and the Department of Health as
to his disability, skills, and qualifications.
Title II – Rights and Privileges of Disabled Persons
Private entities that improve or modify their physical facilities
in order to provide reasonable accommodation for disabled persons
shall also be entitled to an additional deduction from their net
taxable income, equivalent to fifty percent (50%) of the direct costs
of the improvements or modifications. This Section, however, does
not apply to Improvements or modifications of facilities required
under the Batas Pambansa Bilang 344 (Chan Robles virtual law
library).
Title II – Rights and Privileges of Disabled Persons
Sec. 9. Vocational Rehabilitation. Consistent with the principle of
equal opportunity for disabled workers and workers in general, the State
shall take appropriate vocational rehabilitation measures that shall serve
to develop the skills and potentials of disabled persons and enable them
to compete favorably for available productive and remunerative
employment opportunities in the labor market.
Title II – Rights and Privileges of Disabled Persons
Sec. 10. Vocational Guidance and Counseling. - The
Department of Social Welfare and Development shall implement
measures providing and evaluating vocational guidance and
counseling to enable disabled persons to secure, retain, and
advance in employment. It shall ensure the availability and training
of counselors and other suitably qualified staff responsible for the
vocational guidance and counseling of disabled persons (Chan
Robles Virtual Law Library).
Title II – Rights and Privileges of Disabled Persons
Sec. 11. Implementing Rules and Regulations. The
Department of Labor and Employment shall, in coordination with
the Department of Social Welfare and Development (DSWD) and
National Council for the Welfare of the Disabled Persons
(NCWDP), promulgate the rules and regulations necessary to
implement the provisions under this Chapter (Chan Robles, 2006).
 Two Types of Sexual Harassment
1. Quid pro quo “this for that” sexual harassment happens when a manager demands
sexual intimacy from a subordinate or a possible hire in exchange for employment. A
manager or supervisor who has the power to employ or terminate can carry out quid
pro quo sexual harassment, and that behavior is completely illegal.
2. Hostile environment can take place when unsolicited criticisms and actions interfere
with the employee's performance and well-being or has created a disrespectful or
insulting work environment for the harassed employee. 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 negatively impact their productivity. Thus, vulgar words,
nude pictures, swearing, and other offensive statements constitute a hostile
environment.
 Anti-Sexual Harassment Act, 1995 - Philippines
All forms of sexual harassment in employment, education or training environment
are declared unlawful (Section 2). Section 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. 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 rights, privileges or employment opportunities.
Any person who induces another to commit or who cooperates in the commission of
sexual harassment is also held liable. The employer or the head of office has the duty to
prevent and deter the commission of sexual harassment and to provide procedures for the
investigation, resolution, settlement or prosecution of acts of sexual harassment, notably
through the creation of a Committee on Decorum and Investigation (Section 4). This does
not bar prosecution in proper courts. The liability of the employer, head of office,
educational or training institution arises when upon being informed of acts of sexual
harassment, no immediate action is taken.
 Wage Rationalization Act, 1989 - Philippines
The question of wages in the Philippines is regulated by this
Act. It aims to promote the objective appraisal of jobs on the basis
of the work to be performed and the cooperation of the employers'
and workers' organizations concerned. It spells out the manner for
determining the rates of remuneration. This is limited to the
determination of minimum wage rates for workers in general
regardless of sex. Collective bargaining is to be promoted by the
State as the primary mode of settling wages and other terms and
conditions of employment (Section 2).
Women in Development and Nation Building Act, 1992 - Philippines
The intent of the Act is to promote the integration of women
as full and equal partners with men in development and nation-
building. 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. The National Economic and Development
Authority is given the primary responsibility for carrying out the
goals of the Act (Sections 3 and 4).
Women in Development and Nation Building Act, 1992 - Philippines

The Act grants women, regardless of their marital status, full

legal capacity to act and to enter into contracts, the capacity to
obtain loans, and equality in the agricultural sector (Section 5). It
grants them equal access to membership in all social, civic, and
recreational clubs as well as the right of admission into military
schools (Sections 6 and 7). Full-time homemakers have the right to
participate in government-sponsored social security schemes
(Section 8). To conform with the requirements of this Act, the
Armed Forces of the Philippines revised its rules and regulations in
order to integrate Women Auxiliary Corps into major services.
Act to Regulate the Employment of Women and Children, to Provide for Penalties in
Violation Hereof, and for Other Purposes, 1952 - Philippines

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 (Section
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 and children at the workplace.
Migrant Workers and Overseas Filipinos Act, 1995 - Philippines
Overall, the Act is meant to protect Filipino workers working overseas,
primarily female domestic workers. Section 2(b) stipulates that the State must
protect local and overseas labour, and promote full employment and equality
of employment opportunities for all. Equality of men and women before the
law is affirmed in 2(d). Similarly, the contribution of overseas female
workers is recognized as is their vulnerability, and the State must apply
gender-sensitive criteria in the formulation and implementation of policies
and programs affecting migrant workers.
The Act regulates the recruitment of migrant and overseas workers and
provides for penalties for illegal recruitment. Several services are also
granted to migrant and overseas workers, concerning travel information,
repatriation, of the under-aged, job placement, and a monitoring center.
 Magna Carta for Public Health Workers Act, 1992 - Philippines

Section 9 stipulates that there must be no discrimination

against a public health worker, inter alia with regard to gender.
Section 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 Act 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 days and night shift, and
leave benefits.
 Local Government Code, 1991 - Philippines
Section 41c of this Act provides seats for women in all local
legislative assemblies or local government units nationwide.
Executive Order Concerning the Equality of Access to Education - 117
Philippines
This Order provides for the promotion and maintenance of the
equality of access to education and enjoyment of the benefits to be
derived from it by all citizens. As a result of this Order, women
may now enroll in the Philippine Military Academy.
Republic Act Concerning Private Education (6728), 1989 - Philippines

This Act grants government assistance to students and

teachers in private education. Private school teachers who have
meager earnings (mostly female) can avail themselves of
scholarships to enable them to pursue higher education to qualify
for more responsible positions.
 General Appropriations Act 1995 - Philippines
This Act includes a provision on gender-responsive projects.
Section 27 directs government agencies to set aside an amount from
their 1995 appropriations for projects that address gender issues.

Similarly, the National Budget Call for fiscal year 1996 (National
Budget Memorandum No. 67) (and again for 1997) identified women in
development/gender and development as a priority concern of the
administration toward which government agencies should direct their
financial resources.
 Labor Code of the Philippines, 1974

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.
 Labor Code of the Philippines, 1974

Art. 136 states that it 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
have resigned or separated, or to actually dismiss, discharge,
discriminate against or otherwise prejudice a woman employee
merely by reason of her marriage.
 Labor Code of the Philippines, 1974

According to 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.
CORE GATEWAY COLLEGE, INC.
BUSINESS EDUCATION PROGRAM

THANK YOU !
YOUR DREAMS, OUR BUSINESS.