CHAPTER 2: EQUAL EMPLOYMENT OPPORTUNITY AND THE LAW

LEARNING OUTCOMES (LO) CHAPTER 2:

AFTER READING THE CHAPTER,

STUDENTS SHOULD BE ABLE TO:

LO 1: Define employment discrimination and describe its various forms.

LO2: Cite various discriminatory HRM issues that impact an organization’s HR practices.

LO3: Identify Equal Employment Opportunity (EEO) laws in the Philippines.

Employment discrimination is the unjust or prejudicial treatment of different categories of

people or thing specifically on the basis of their classification in terms of age, race, gender, and
religious involvement.

Two categories of people protected by Equal Employment Opportunity (EEO) Laws:

 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.

 Protected Groups – sub-categories of people within each protected classifications. Ex: white,
black and brown are protected groups under the protected classification skin color.

To resolve whether an EEO law was not complied or has been violated, a person should know how the
court defines discrimination:

 Intentional discrimination or Disparate Treatment – this is a kind of an unlawful discrimination

wherein the employer makes a gesture that intentionally and differently treated an individual
on the basis of some form of criteria.

 
  Unintentional discrimination or Disparate Impact – this is an indirect type of discrimination
whereby a policy or standard that is work-related gives unequal chances for individuals from
various protected group.

EQUAL EMPLOYMENT OPPORTUNITY

VERSUS

AFFIRMATIVE ACTION

Every employment opportunity aspires to guarantee that anyone, despite his age, color, disability,
sex, religion, national origin or race gets equal chances to employment based on his or her
qualifications inventory. Affirmative action goes beyond equal employment opportunity by
compelling employers to take certain steps to consider those in the protected group fair chances for
employment. This is done to eliminate the adverse effects of past discriminatory practices to the
current workplace practices in terms of recruitment and selection.

EQUAL EMPLOYMENT OPPORTUNITY LEGISLATION – PHILIPPINES

REPUBLIC ACT NO. 7277 - AN ACT PROVIDING FOR THE REHABILITATION, SELF DEVELOPMENT AND
SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY
AND FOR OTHER PURPOSES.

TITLE II

RIGHTS AND PRIVILEGES OF DISABLED PERSONS

CHAPTER I

 EMPLOYMENT

DISABLED PERSONS are those suffering from restriction or different abilities, as a result of a mental,
physical or sensory impairment, to perform an activity in the manner or within the range considered
normal for a human being. 

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.

SEC. 6 - Sheltered Employment — If suitable employment for disabled persons 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.

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 lapse of the period of apprenticeship, if found satisfactory in
the job performance, they shall be eligible for employment. 

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. 

(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%)of the total amount paid as salaries and wages
to 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.

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.

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).

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) shall promulgate the rules and regulations
necessary to implement the provisions under this Chapter(Chan Robles, 2006).
 

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 a 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 refusal to
grant such a favor results in the impairment of an employee’s rights, privileges or employment
opportunities.

 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.

  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 utilized to support programs and
activities for women. The National Economic and Development Authority is given the primary
responsibility for carrying out the purposes of the Act (Sections 3 and 4).

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 women 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.

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.

 TYPES OF SEXUAL HARASSMENT

Quid pro quo sexual harassment, happens when a manager demands sexual intimacy from a
subordinate or a possible hire as an exchange for employment.

The second type, Hostile Environment can take place when unsolicited criticisms and actions interfered
with the employee’s work performance and well-being or has created a disrespectful or insulting work
climate to the harassed employee.

STAGES OF THE EMPLOYMENT CYCLE

CHAPTER 3

PRE – HIRE, HIRE, AND POST-HIRE

THE PRE-HIRE STAGE

This stage includes two important HRM practices namely:

HUMAN RESOURCE PLANNING (HRP) is a human resource management practice that helps managers
in identifying the right number and type of people they need to successfully execute their overall plan
in a predetermined period of time. This is done to make sure that there is a match between the
qualifications of potential hires and the requirements of the job in order to avoid workforce shortages
or surpluses.

JOB ANALYSIS is a methodical way of collecting, interpreting and storing information about specific
jobs. These information will help identify the content of the work as well as the worker requirements
needed to perform the job.

THE HIRE STAGE

This stage comprises the following HRM practices:

RECRUITMENT is a human resource management tool used to locate and entice job seekers who are
eligible for the job. Sources could either be internal or external.

SELECTION is choosing the best and the most qualified candidate from the pool of applicants. To be
effective, it should abide with legal laws and should rightfully match employees’ skills with the job
requirements.

THE POST-HIRE STAGE

The aim of this stage is to implement HRM practices that will improve and sustain employee work
performance level. This includes:  

 TRAINING AND DEVELOPMENT are learning experiences designed to enhance workers’

capabilities . Training provides employees the opportunity to learn and acquire additional
skills and abilities intended for the betterment of what they are currently doing.
Development, on the other hand, is more extensive because it prepares employees for a
possible upward step to the corporate ladder, via intensive management development
programs.

 APPRAISING AND MANAGING PERFORMANCE is assessing employees present and past

performance level relative to certain performance measures. The purpose of an appraisal
system is to determine whether employee performance conforms or deviates from
organizational standards.

 COMPENSATION consists of the pay and benefits received by employees from their employers
in return for their services.
  BENEFITS, on the other hand, are either monetary or non-monetary forms of compensation
granted to employees over and above their pay.

 SAFETY AND HEALTH. It is a given fact that a staggering number of workplace accidents and
injuries are common and unavoidable incidents within an organization. Thus, to protect the
organization and its employees from danger and illnesses, a company thru the initiatives of its
human resource management office should create and strictly impose health and safety
policies to guarantee that every employee is aware of his or her responsibilities in preventing
(if not totally eliminating) and fostering a safe and healthy work environment.

 SEPARATION. Terminating an employee in the Philippines is a sensitive and serious personnel

issue. It can be a complicated process, especially after the employee gains a regular and
permanent employment status.  

LET’S TALK ABOUT CURRENT TRENDS IN HUMAN RESOURCE MANMANAGEMENT

 An increasing workplace cultural diversity. This happens once a company employs workers
with different backgrounds.

 An emphasis on work and family issues. Several firms are responding to the needs of families
by providing managed-care programs, flexible time and telecommuting.

 The tremendous growth of part-time and temporary employees. The use of contingent
workers is now expanding rapidly. It has extended between industries – from manufacturing
to services and other occupations.

 The dynamic upgrading of technology. Technological advancement can have an enormous

influence on HR practices. It allows the company to improve its internal operations and core
competencies.

HR: GENERALIST VS SPECIALIST

Anybody who aspires to join the field of HRM may opt to either be a generalist or specialist.
An HR generalist’s job is commonly found in small or medium sized organizations. They perform all
HRM activities such as human resource planning, preparation of a job analysis instrument,
recruitment, selection, among others.

On the other hand, an HR specialist’s job is more focused on a specific HRM task. This is especially
true in larger companies. For example, an individual may assume the task of a training and
development specialist, or a recruitment officer or a job analyst.
  

HRM TRADITIONAL AND NEW SPECIALTY AREAS

TRADITIONAL SPECIALTY AREAS NEW SPECIALTY AREAS

 Training and Development - prepares  Work and Family Life Programs – develops
training needs assessment, creates and implements family and work life
instructional programs, implements, balance such as flexible time, compressed
validates , and evaluates the training workweek, child care assistance, and other
program and assess results programs that promote work and family life.

 Employee Compensation and Benefits -  Cross – Cultural Orientation -

writes job description and job communicates organizational rituals, norms
specifications; designs job evaluation and practices and distinguishes them with
instruments; conducts market survey for other nations
compensation package; constructs pay
structure; develops benefits programs.

 Employee Well-Being - creates  Managed Health Care Programs - health

committee for employees health and care expenses continue to affect a
safety ; designs health and safety company’s financial status. In this regard,
programs; establish a safe and healthy most companies seek the assistance of
work environment; implements policies experts on managed health care to plan for
on health and safety a better option for its employees

 Recruitment and Selection - determines  Diversity Management - develops

job vacancy; locates and attracts guidelines for ensuring that discriminatory
qualified job candidates; decides practices are prevented from occurring and
recruitment methods to be used; notifies that individuals are given equal chances to
job candidates; meets with job employment regardless of age, sex, race,
candidates; studies curriculum vitae; and other classifications.
prepares for interview sessions;
administers employment tests; makes
hiring decisions