Traliant Resources

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Philippines
Equal Employment Opportunity

Overview

Please review the information below and then return to the workplace harassment prevention course.

Harassment and discrimination based on a protected characteristic are prohibited under national law.

Applicable Laws

The primary national laws prohibiting employment discrimination and harassment on the basis of a protected characteristic are:

  • The Labor Code,
  • Republic Act 7877: The Anti-Sexual Harassment Act of 1995

Protected Characteristics

Harassment or discrimination based on any characteristic set forth below is prohibited in the Philippines.

  • Gender
  • Age
  • Race
  • Creed
  • Disability
  • Diseases
  • Indigenous background

 

Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.

Definitions

Sexual Harassment

Sexual harassment occurs when:

  • Submitting to a request for sexual favors is a condition of hiring,  continued employment, re-employment, favorable compensation, terms, conditions, promotions, or privileges,
  • Rejecting a request for sexual favors results in limiting, segregating or classifying the employee in any way that would deprive or diminish employment opportunities or otherwise adversely affect the employee, 
  • Submitting to rejecting a request for sexual favors would:
    • Impair the employee’s rights or privileges under law, or
    • Result in an intimidating, hostile or offensive environment for the employee.

Filing a Claim in the Philippines

A claim for employment discrimination or harassment may be filed with the Department of Labor and Employment.

Employment discrimination and harassment claims may also be filed in court.

Potential Remedies

In the Philippines, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.

  • Hiring
  • Reinstatement to a position
  • Compensation for lost wages and benefits
  • Damages for injury to dignity or feelings

Retaliation Prohibited

Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.

The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.