Legal HD 17 - Work Discrimination Against Women
Summary
TLDRThe 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.
Outlines
🌟 Women's Leadership and Workplace Discrimination
The script opens with a discussion on the historical significance of strong women in the Philippines and their leadership in various fields. Despite this, it highlights the ongoing issue of gender discrimination in the workforce. The narrative shifts to a personal account of a woman named Angelina who faced potential gender bias during a job interview. She was asked personal questions that seemed unrelated to her professional qualifications, suggesting a discriminatory hiring process. The script then transitions to a legal advice segment on the Solar News Channel, where attorneys Karen Jimeno and Rod Nepoboseno discuss workplace discrimination against women. They introduce Maria Evelyn Managan of the Department of Labor and Employment to delve into the topic, emphasizing the need for legal recourse and awareness under the Magna Carta for Women.
📚 Legal Framework and Workplace Discrimination
This segment delves into the legal aspects of workplace discrimination against women, particularly focusing on the Magna Carta for Women and its comprehensive rights covering various aspects of women's lives, including employment. The discussion highlights the importance of the law in protecting women from discrimination and the role of the Department of Labor and Employment in providing assistance and referrals for victims. The conversation also touches on the challenges of proving discrimination, especially during the pre-hiring stage, and the potential legal avenues available to those who believe they have been unfairly treated, such as seeking damages in court.
🤰 Pregnancy and Marital Status Discrimination
The script addresses specific instances of workplace discrimination, such as the treatment of pregnant women and those who are married. It discusses the legal protections in place, including the prohibition of marriage as a condition for employment and the illegality of terminating employees based on their marital status. The conversation includes a real-life scenario where a woman was allegedly forced to resign after getting married, highlighting the need for awareness and enforcement of anti-discrimination laws. The segment also touches on the challenges of proving such cases and the importance of having clear evidence of discriminatory practices.
🏢 Employer and Employee Perspectives on Discrimination
This part of the script explores the perspectives of both employers and employees on workplace discrimination. It discusses the legal implications for employers who enforce discriminatory policies, such as those based on marital or parental status. The conversation includes a scenario where an interviewer inquires about a job applicant's relationship status, raising questions about the legality and appropriateness of such questions. The segment also addresses the role of the Department of Labor in handling complaints and the steps employees can take to report discrimination, including filing cases with the regional offices.
👗 Dress Code and Gender Dynamics in the Workplace
The final segment of the script tackles the issue of dress codes and their potential impact on workplace dynamics, particularly in relation to gender. It discusses the responsibilities of employers and employees to adhere to company policies and the disciplinary actions that can be taken for repeated violations. The conversation also explores the possibility of gender dynamics influencing workplace interactions and discrimination, including scenarios where female employers may discriminate against female employees. The segment concludes with a recap of the key points discussed in the program, emphasizing the importance of knowing and asserting one's rights in the face of workplace discrimination.
Mindmap
Keywords
💡Populists
💡Workforce Discrimination
💡Magna Carta for Women
💡Department of Labor and Employment (DOLE)
💡Sexual Harassment
💡Equal Pay
💡Discrimination in Hiring
💡Pre-Employment Discrimination
💡Parental Leave
💡Anti-Sexual Harassment Law
💡Violence Against Women
Highlights
The Philippines has a history of strong women leading in various fields, yet gender discrimination persists in the workforce.
Many companies prefer hiring men over women due to various reasons, leading to gender discrimination.
The Magna Carta for Women was created to address gender discrimination in the workplace.
Angelina shares her experience of being treated unprofessionally during a job interview, possibly due to her gender.
Attorney Karen Jimeno and Attorney Rod Nepoboseno discuss legal advice on gender discrimination in employment.
The Department of Labor and Employment has a Public Assistance Complaints and Investigation Unit to assist with discrimination cases.
Existing laws like Article 135 of the Labor Code address discrimination but may not cover pre-employment discrimination.
The Magna Carta for Women is a comprehensive bill of rights covering protection in employment and other aspects of women's lives.
New provisions under the Magna Carta for Women include specialty benefits for women who undergo gynecological surgery.
Republic Act 6725 amends specific provisions in the Labor Code regarding work discrimination.
Equal pay for work of equal value is a basic right for women, as well as protection from discrimination in promotions and scholarships.
Diana asks about protecting her rights as a woman when hired for work, highlighting the importance of equal pay and opportunities.
Julie's question about workplace discrimination due to marriage leads to a discussion on illegal conditions in employment contracts.
George's question about single parents in the workplace reveals that companies cannot discriminate based on relationship status.
Leslie and her colleague notice differential treatment in career growth based on gender, illustrating the need for reporting mechanisms.
The penalty for work discrimination includes possible jail time and fines, though conciliation is often the first step in resolution.
Female employees are protected from being fired due to pregnancy, and there are legal recourses available for such discrimination.
Discrimination is not limited to male employers; female employers can also be accused of discriminating against female employees.
A recap of women's rights in the workplace, including equal pay, opportunities, and protection against discrimination based on marriage or pregnancy.
Transcripts
the philippines is a country that has a
history of strong women leading the
populists whether in war or in ruling
the country
despite our advances in these areas when
it comes to the workforce many women are
discriminated because of their gender
many companies prefer to hire men than
women for various reasons thus the
creation of the magna carta for women
27 years old
um i applied for a pharmaceutical
company before three years ago as a
medical
maybe in expecna they would treat me
unprofessionally i don't know if it was
my gender at the time
so angelina was like
um um
for um
candidates in the comments then i was
the only girl at that time um what
happened was like i was expecting that
the question would be professional
enough and sana they would pretend or
see my background because i really want
that job and then the recruitment
officer was asking me personal questions
i believe it was more
emotionally capable because i'm a girl
thinks back on
government
so i think at the time
it was unfair
because they were not really looking at
my background and by hindi initiating
offer
they were just thinking that because i'm
a girl whatever my status is
discriminator
what are the provisions under the magna
carta what acts constitute as work
discrimination against women
what are the penalties for companies
that commit work discrimination
good evening you are watching legal help
desk on the solar news channel this show
is about making the law work for you by
giving legal advice on topics that
matter to you i'm attorney karen jimeno
and i'm attorney rod nepoboseno tonight
in continuation with the celebration of
women's month we'll be tackling on the
issue of work discrimination what you
need to know when you are being
discriminated from employment because of
your gender and what you need to do when
your career is in jeopardy because of it
tonight we will be discussing this with
someone who is in charge of workers with
special concerns miss maria eveline
managan of the department of labor and
employment good evening miss
miss hey good evening
welcome to legal hd so first let's talk
about the case of erisa
and
miss what i want to know is
in her case she felt discriminated but
of course when you say discrimination
there's always a difference in opinion
especially here she felt discriminated
because of the questions being asked of
her for women who feel discriminated
where can they go to
in the department of labor at least
someone to tell them
but elegant case of discrimination that
would hold up with the department of
labor yeah in the dole we have uh what
we call
public assistance complaints and
investigation unit so you can approach
it uh the office in every regional
office we have desks so they can be
assisted if there are problems
and it operates through a rep
through a referral system so it can also
go to our office and we can also provide
referrals to other partner agencies okay
the referrals are lawyers and not
necessary lawyers
could be lawyers
okay now in this case of a elisa no
that's the name of the case study do you
think that she has a basis to file a
case for work discrimination on the
ground of the existing laws that are
that are yeah because she wasn't hiring
she wasn't yeah she wasn't this is
basically she felt discriminated during
the application process
yeah
our existing law under article 135 talks
of discrimination but this uh conceives
of a situation where the worker is
already employed so in this case this is
at the pre-hiring stage
so
there might be problems when we make use
of article 135 as amended by ra-6725 of
the labor code however if she suffered
damages there's a different story she
can always go to court not the
department of labor she was not handled
properly there was embarrassment yeah i
guess like that for example if you if if
she was applying for work and um
and there was some kind of sexual
innuendo by the by the hiring i don't
know a hiding party don't manage some
case but maybe not under work
discrimination but that sounds like
sexual harassment sexual harassment
but i guess it's work related because
you're you know she's trying to to apply
and opera in this case in this case at
least given the the facts
or she wouldn't have a basis for filing
a case on on the base of work
discrimination yeah yeah
okay now miss ev i also like to ask you
about the magna carta for women because
this was past 2009 i think a lot of
people don't even know that this exists
but with respect to the dole and
workplace the mind
what does the magna carta provide for
women yeah of course the magna carta of
women
is a very comprehensive bill of rights
covering
the protection of women in all facets
not only employment but also
other aspects of political life
social culture and everything
so as far as the
dulles
area is concerned the magna carta of
women of course refers back to already
existing laws protecting women such as
the anti-sexual harassment law violence
against women which talks about the
10-day parental leave for those who
would like to file a case against their
oppressors or
call or you call them partners
or
you can also there are also of course
new provisions
under the magna carta of women which is
uh
which covers the specialty benefits for
women who undergo
surgery due to
gynecological disorders
now i'd like to ask did the dole add any
other
office or sub agency or help desk
because of this new magna carta law
magna carta for women uh
we have already in place our labor
inspector rate so if there are problems
they can always report to the nearest uh
dole office within their area now going
back now to discrimination of uh in the
workplace now um there is republic 6725
but it essentially just
amends uh specific provisions in the
labor code
regarding work discrimination can you
elaborate the specific discrimination
act or the work discrimination acts uh
in
in the law
we have
article 135 that was the current law at
that time in 1974 but this was uh
amended sometime in 1989
i guess by senator shahani
the the
law under article 135 just states that
there should be equal pay for work of
equal value for both men and women now
this this has been expanded to other
areas of discrimination so we men will
be protected from discrimination against
discrimination rather in terms of
promotion
study and scholarship grants and also
evaluation of the performance right so
these are new areas wherein women
sometimes are deprived of opportunities
of getting a scholarship just because
okay
well first we will answer other
questions from viewers but i'd like to
address erisa that based on your case
since she was not hired it seems no um
ms ev was advising that you might not be
able to file directly with the
department of labor because it concerns
discrimination in the workplace but you
might be able to go to court at least
for filing damages if you think you
suffered damages because you were
discriminated and not getting this job
and now we have a few questions from our
viewers let's answer them with the help
of our guest ms ev our first question
comes from diana and she asks i'm a new
graduate and i would like to know how my
basic rights as a woman can be protected
when hired for work what are the things
i should look for in the contracts
happening
women at least as a basic right you're
entitled to equal pay for equal work
done by men as well so that but on
discrimination between men and women
employees but what other rights do you
think does she have to look for in the
employment
yeah i think one important loan now
which has recently been passed
is the night work for work on
a new law for networkers so even women
used to because it's a labor code
women were not allowed to work at night
from 10 in the evening to 6 a.m of the
following day because of the magna carta
of women certain provisions of the law
have to be amended because we'll have to
respond to the issue and discrimination
because this is our this has barred
women from getting work yeah so for
call centers
if you're in the bpo you are protected
from being discriminated if you're
pregnant because you're entitled to to
have an alternative work right i see
yeah okay
hospital interns
oh yeah
that one you really have to work okay
now our next question is from julie and
she asks i work for a bpo company again
and i'm recently engaged to my longtime
boyfriend
but i'm afraid of telling this to my
superiors because a former colleague of
mine was forced to resign
when she got married now are they
allowed to do this should i still tell
tell them about my present situation i
think there are two situations here her
situation
uh whether whether they can be justified
to to i guess let her go know if she
tells her boss about their relationship
with her boyfriend and young
situation
and uh who got who
was fired because because she got
married yes now is are there provisions
in the law i know there are provisions
in the law in in specific
uh provisions not in the labor code that
uh don't allow that or special laws we
have this under the labor code which is
stipulation against marriage
so you wouldn't uh it's unlawful if you
are if you would uh cite us a condition
that a woman should not get married
so that is not allowed yeah and i think
there's criminal liability thereby yes
meaning you employers if they do this
yeah we have article 288 of the labor
code for laws that are for acts that are
declared as unlawful
so this is the this law on prohibiting
uh marriage as a condition by which you
you get uh fire you know uh it it's not
limited like purely to to that not like
it's conditioned it can't get married
but if you use it as a condition for
them to be hired
or not to be hired that is that also in
this case for example in the case of
elisa
if if they said are you planning to get
married and she says yes i'm planning to
get married soon and and because of that
she wasn't hired does she have a case
uh in that case a pre-hiring but oh so
he's a to under the department of labor
she has to go to court maybe
right
nothing try under the magna carta
it's a comprehensive yeah
not under the labor code i guess the
current law is a continuation of your
employment
uh the condition of the continuation of
employment you will prevent her from
getting married you don't bow one diva i
see all right okay we still have plenty
to discuss we'll take a short break
legal help desk will return after these
reminders
you are still watching legal help desk
on the solar news channel and we are so
joined by our guest miss evelyn manangan
of the department of labor labour
thank you miss manangan for being here
all right we have a few more questions
from our viewers
our next question comes from george and
she asked george is a lady i'm a mother
to a six-year-old boy
my partner stopped supporting us late
last year and ever since i've been
applying to many job vacancies in one
interview i was asked about my
relationship status when i said single
the interviewer told me to define single
if it meant that i was single and had a
child i was taken aback by the question
now do companies have
a legitimate concern of asking an
employee an employee or an interviewee
if she is
she is a single parent now again
pre-employment pre-employment situation
so i know
i guess
there's there's no uh basis for a case
no
no basis for a case scale
she gets into the job and if she's not
given this leave for parental
called parental leave then there might
be problems in terms of violations
i think rod
no case under the
labor code again but then if you feel
that there's really
damage to you and
there's bad faith then you can file a
case for damages
it's probably a long shot
to get right because again it's
normally it's by evidence no uh for and
so if you don't have real evidence other
than your it's part of he said she said
situation and i i don't know how how
that a case like that could prosper but
uh but what do you think is a civil case
an option
possible but i think there are so many
existing bills right now which which has
not been passed as yet and they cover uh
the pre-employment situations where
women complain of discrimination okay so
i think this has to be addressed to be
sure that women indeed will be
having full protection
yes
our next question comes from leslie and
she asks us my colleague and i have been
noticing that our bosses have a
different treatment towards their female
employees they are more inclined in
growing the careers of their male
employees than their female counterpart
where can we report cases of work
discrimination and what are the steps we
should do in filing that case
um basically at least workplace scenario
right yeah so
if they're noticing i know it's very
clear in the labor code that you have to
treat your employees equally fairly
especially in with respect to promotions
but where can they file directly with
the department of labor now they can
file with the regional offices having
jurisdiction over their workplaces so
ncr go to donald ncr okay
and they have to be very yeah they have
to be very specific in their complaint
about what kind of discrimination
are you talking about and maybe they
have to do they have to be very specific
in in
in the
the allegation of discrimination they'll
have to so that they'll be able to
uh come up with a consolation case
perhaps to make them know that they are
violating at times the employers are not
aware that they're indeed violating but
when we have this conciliation
procedures they would be asked to comply
and definitely most of them would comply
well now miss ev if they go directly to
the regional offices do they have to
bring
any documents or a lawyer with them
what's a normal procedure they don't
have to bring along a lawyer with them
we have our
help desks original offices we'll have
to entertain them we also have field
offices if they don't have
their if the regional office is not
accessible to them field offices are
normally those outside ncr
um even nc ncr has its own field offices
like uh one in makati another in kalokan
okay so just curiously the the penalty
for for work discrimination is
is uh
uh
indicated in the in the labor code now
and yes it does provide for
you know possible jail time and uh
imprisonment and fines right but in
reality though
does it reach that point or normally you
just uh you're able to fix things demand
and conciliate between the employees and
the employer i haven't heard that
somebody has been jailed due to
violations with respect to
discrimination
but we have this classical case
uh years ago with regard to the the
those two are this or flight attendants
who were um terminated by virtue of
getting married
so there's a decided case on that but
i guess the labor code was not it
enforced the time so
they were just asked to pay damage yes
sir yes yes i see
all right okay we've got another
question this time coming from mr villa
and he asks what about female employees
who dressed inappropriately that
distract other employees including me as
the employer
our office has a dress code and she has
repeatedly violated this what are my
options as an employer so it's not
really work discrimination but um
it's more of the employer with an
employee not following the company rules
yes but of course we have certain rules
of discipline also there is a company
policy that you have to adhere to if
you're an employee
so there are certain rules
where they can visit be disciplined
after several notices if they still
don't comply i think we have also
addressed code to follow even in the
government service we are supposed to
follow the dress code also
no i'd like to ask this this is a
curious question it's obviously a um a
the loss on work discrimination applied
to
it seems to imply a male employer
discriminating a woman employee but
can there be a situation where the
the one that's being accused or the one
that's being found against is a female
employee a female employer filing um
discriminating
uh a woman that's possible right it's
not just a male employer right
it's it's possible that the female
employee can discriminate a female
employer can can discriminate a female
employee that's that's possible that's
possible if you're the manager and you
also say there's a stipulation against
marriage you'll be dismissed then you're
committing the same offense that's right
i don't think it's unheard that means
employers
they can be very cathy or you know what
i mean like they're actually less
friendly to female employees
yeah so maybe they view them as
competition i don't know but i think
that can happen so i guess now let's
have like maybe a recap for our
uh viewers especially with respect to
our female viewers who are
basically normally the victims of
discrimination in the workplace do you
find that this is always the case
considering victims
and women
yes that's what the literature points
out that's why you have the magna carta
for women yes and we have ratified the
convention on the elimination of all
forms of discrimination against women
but uh
so first
for all the women out there or basically
all employees out there know your rights
and one is that
as women you should be entitled to the
same amount of pay for the same type of
job that you do with men and also you
should have the same opportunities for
hiring and promotion
same as males
yes
benefits such as not just limited to
salaries in other words you can't be
getting a less uh less salary just uh
just because you're a woman and you have
the same role as a man but also for my
scholarships and my training
those those kind of benefits
if men in other words men cannot be
favored uh with these benefits now that
women should uh should be able to be to
have access to these benefits as well
right and of course there's also the uh
the the the laws regarding marriage you
know pro
using marriage as an excuse to dismiss a
woman or having kids or having kids
so some basic rights that women should
have as employees would be maternity
leave
and as mentioned by miss ev you have now
that leave
under the magna carter for women if
you're going to undergo surgery because
of any gynecological gynecological
disorder right and also vowsi leave if
you have to file a case for violence
against you by a partner then you can go
on the from work and they shut down 10
days that's the 10 days
yes
and that's extendable yes and for if you
feel discriminated you can go to
the department of labor miss ev maybe
you can share with them
and also i'd like to add to that uh that
is also we have also protection against
this b-cell when you're pregnant i think
you forget to mention that oh yeah
that's very important yes if you take a
maternity leave they wouldn't uh take
you in anymore because they're afraid
that you'll be pregnant again you're
protected
marriage but also pregnancy you can't
you can't come up with a policy where
you you tell uh one of your lady
employees nah i'm gonna fire you in case
you get pregnant
okay and if you feel discriminated you
can go to the regional offices of the
department of labor they have help desks
that you can consult with if you feel
discriminated and for it unfortunately
we are running out of time let's take
these last few minutes by giving
a recap of what we have discussed which
we have already done
and we'd like to thank our guest miss
eveline
thank you mom for joining us
you're welcome
all right
and uh again uh for for next week no uh
we'd like to thank you again we hope you
can join us again next week thank you
again miss evelyn of the department of
labor i'm rodney
and i'm attorney karen jimeno join us
again next monday as we talk about your
legal rights on the issue of work
benefits for women here on legal help
desk good night
you
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