Legal HD 17 - Work Discrimination Against Women

Summary

The video script from 'Legal Help Desk' on the Solar News Channel discusses workplace discrimination against women in the Philippines. It features a case study of Erisa, who faced discrimination during a job application process. The show covers the Magna Carta for Women, which offers comprehensive rights protection, including in employment. It also addresses the legal recourse available to women who experience discrimination, such as approaching the Department of Labor and Employment. The discussion includes the types of discrimination, the penalties for companies, and the rights women have, such as equal pay and protection against being fired due to marriage or pregnancy.

Takeaways

• 🇵🇭 The Philippines has a history of strong women in leadership roles, yet workplace gender discrimination persists.
• 💼 Many companies in the Philippines prefer hiring men over women, leading to gender-based discrimination in the workforce.
• 📜 The Magna Carta for Women was established to address gender discrimination, providing a legal framework for women's rights in various areas, including employment.
• 🤔 Women facing discrimination in job applications may not have a direct legal recourse under the current labor laws, as some laws apply post-employment.
• 🏢 Companies are not allowed to ask personal questions during job interviews that are unrelated to job performance, such as marital status or plans to have children.
• 🚫 It is illegal for employers to dismiss women or not hire them based on their marital status or because they are pregnant.
• 💰 The law mandates equal pay for equal work, regardless of gender, and protects women from discrimination in promotions, scholarships, and training opportunities.
• 🤰 Pregnant women and new mothers are entitled to maternity leave and are protected from being fired due to pregnancy.
• 🔰 The Department of Labor and Employment has public assistance and investigation units to handle complaints of workplace discrimination.
• ⚖️ Legal actions can be taken against employers who violate anti-discrimination laws, though penalties such as imprisonment are rare and often resolved through conciliation.

Q & A

What is the Magna Carta for Women and when was it enacted?

The Magna Carta for Women is a comprehensive bill of rights that covers the protection of women in all facets, including employment, political life, social culture, and more. It was enacted in 2009.

What is the role of the Department of Labor and Employment (DOLE) in addressing workplace discrimination against women?

The DOLE has a Public Assistance Complaints and Investigation Unit where women can report discrimination. They also provide referrals to partner agencies and assist in conciliation processes.

What are the provisions under the Magna Carta for Women that relate to employment?

The Magna Carta for Women provides for equal pay for equal work, protection against discrimination in promotions and scholarships, and specialty benefits for women who undergo surgery due to gynecological disorders.

Can a woman file a case for discrimination if she feels discriminated against during the hiring process?

While Article 135 of the Labor Code addresses discrimination for workers already employed, pre-hiring discrimination cases might require going to court for damages if there's evidence of improper handling or embarrassment.

What are the penalties for companies that commit work discrimination according to the Labor Code?

Penalties for work discrimination can include fines and imprisonment, although in practice, many cases are resolved through conciliation and demands between the employees and employers.

How can women protect their rights when entering employment contracts?

Women should ensure their contracts include equal pay for equal work, non-discrimination clauses, and provisions for maternity leave and other benefits as per the Magna Carta for Women.

What is the legal stance on employers asking about an applicant's marital status or relationship status during a job interview?

It is generally considered discriminatory to ask about marital or relationship status during a job interview, and such questions may not be legitimate concerns for employers.

If a woman is forced to resign after getting married, is this legal under the Labor Code?

No, it is unlawful to condition employment on marital status, and forcing someone to resign due to marriage is a violation of the Labor Code.

What steps should be taken when filing a case of work discrimination with the Department of Labor?

To file a case, one should approach the regional office with jurisdiction over their workplace, provide specific details about the discrimination, and engage with the conciliation process.

Can a female employer discriminate against a female employee, and what are the implications?

Yes, a female employer can discriminate against a female employee, and the implications are the same as with any employer-employee discrimination, subject to the same legal consequences and remedies.

What are the rights of pregnant women in the workplace as per the Magna Carta for Women?

Pregnant women are protected against dismissal due to pregnancy and are entitled to maternity leave. They also cannot be subjected to policies that discriminate based on potential future pregnancies.