Equal Employment Opportunity (EEO) in the Philippines - Chapter 2 PDF

EQUAL EMPLOYMENT OPPORTUNITY At the end of this lesson, the students can: 1. Identify and describe employment discrimination correctly through a graphic; 2. Discuss the Philippines' Equal Employment Opportunities (EEO) laws accurately using case analysis. 6.3.1 Demonstrate awareness of...

EQUAL EMPLOYMENT OPPORTUNITY At the end of this lesson, the students can: 1. Identify and describe employment discrimination correctly through a graphic; 2. Discuss the Philippines' Equal Employment Opportunities (EEO) laws accurately using case analysis. 6.3.1 Demonstrate awareness of existing laws and regulations that apply to the teaching profession, and become familiar with the responsibilities specified in the Code of Ethics for Professional Teachers. -different anti-discrimination laws -Philippines’ laws on equal employment opportunity (EEO).  The State shall promote equal opportunities in employment for everyone. To this end, it shall be the policy of the State to: (a)Promote employment of individuals based on their abilities, knowledge, skills, and qualifications rather than their age. (b)Prohibit arbitrary age limitations in employment.  It refers to the legal framework that promotes fair and non- discriminatory employment practices. The primary law governing EEO in the Philippines is the Philippines Labor Code, specifically Book II, Title II, Chapter III, which contains provisions related to equal employment opportunities.  Critical points on EEO Laws: 1.Non-Discrimination 2.Equal Pay for Equal Work 3.Special Protection for Women 4.Persons with Disabilities 5.Affirmative Action 6.Labor Standards and Conditions Non-Discrimination The Labor Code prohibits discrimination in employment based on age, sex, gender, sexual orientation, gender identity, marital status, disability, religion, ethnicity, or political affiliation. Equal Pay for Equal Work Employers must provide equal pay for equal work, regardless of an employee's gender or other personal characteristics. Special Protection for Women Specific provisions in the Labor Code aim to protect women's rights in the workplace, such as prohibiting night work for women in certain industries and providing maternity leave benefits. Persons with Disabilities Employers are encouraged to hire persons with disabilities and make reasonable accommodations to enable their participation in the workforce. Affirmative Action Some sectors, like indigenous peoples, are entitled to affirmative action in employment to address historical discrimination. Labor Standards and Conditions The Labor Code also covers various labor standards and conditions, including working hours, rest days, overtime pay, and other employment-related matters. Who oversees the implementation of EEO? - Department of Labor and Employment (DOLE) -Civil Service Commission (CSC) Employment Discrimination It is the unjust or prejudicial treatment of different categories of people or think based on their age, race, gender, and religious beliefs. Important Provisions under EEO laws 1.Minimum Wage 2.Regular Employment 3.Probationary Period 4.Termination and Severance 5.Working Hours 6.Maternity and Paternity Leave 7.Labor Standards 8.Health and Safety 9.Employee Associations Minimum Wage The Philippines has a minimum wage law that sets the minimum wage rates for different regions and industries. These rates are periodically adjusted to keep up with inflation and the cost of living. Regular Employment The Labor Code distinguishes between regular and non-regular employment. Regular employees are entitled to various benefits, including paid leave, health insurance, and retirement benefits. Probationary Period Employers may subject new hires to a probationary period, during which they can evaluate the employee's performance. After this period, the employee may become a regular employee with additional benefits. Termination and Severance Employers must follow due process when terminating employees. The Labor Code outlines the valid grounds for termination and the proper procedures. Working Hours The standard workweek in the Philippines is 48 hours, typically spread over six days. Overtime pay is required for work beyond the standard hours. Maternity and Paternity Leave Female employees are entitled to maternity leave with pay, while male employees can avail of paternity leave. Labor Standards The Labor Code covers various labor standards, including rest periods, holidays, and night shift differentials. Health and Safety Employers are required to provide a safe and healthy working environment for their employees. There are specific regulations related to workplace safety. Employee Associations The Philippines also recognizes the right of employees to form and join labor unions or workers' associations. 1. Probationary Period 2. Termination and Severance 3. Working Hours 4. Maternity and Paternity Leave 5. Labor Standards 6. Health and Safety 7. Employee Associations  It is the unjust or prejudicial treatment of different categories of people or think based on their age, race, gender, and religious beliefs.  Two Categories of People Protected by EEO laws: 1.Protected Classification 2.Protected Groups Protected Classification Refers to the categories of people lawfully protected against employment discrimination based on age, gender, skin color, ethnicity, and physical or mental disability. Protected Groups Refer to sub-categories of people within each protected classification. For example, white, black, and brown are protected groups under the protected classification of skin color. To determine the violation of EEO law, one should know how the court defines discrimination. 1.Disparate Treatment 2.Disparate Impact  Disparate Treatment A theory of discrimination based on the different treatment given to individuals because of their race, color, religion, sex, national origin, age, or disability.  Disparate Treatment This kind of unlawful discrimination occurs when the employer makes a gesture that intentionally treats an individual differently based on some criteria.  Disparate Treatment It occurs when an employer treats an employee unfairly compared to other employees based on the person's characteristics, especially concerning protected classes. Disparate Treatment Suppose two people with the same qualifications apply for a job, and the employer decides whom to hire based on one individual’s race. In that case, the individual not employed is a victim of disparate treatment. Disparate Treatment The school fails to hire women with school-age children (claiming the women will be frequently absent) but employs men with school-age children, too. The applicants are treated differently based on sex.  Disparate Impact A theory of discrimination based on facially neutral employment practices that disproportionately exclude a protected group from employment opportunities.  Disparate Impact This is an indirect type of discrimination whereby a work-related policy or standard gives unequal chances to individuals from various protected groups.  Disparate Impact It occurs when a particular employment practice or policy, although seemingly neutral on its face, disproportionately impacts a specific group of people based on their protected characteristics, such as race, gender, age, or religion. Disparate impact can be unintentional, meaning the employer may not have intended to discriminate, but the outcome still results in discrimination.  If you hire an individual based on their height for practical reasons, you may not have intended to discriminate against anyone, yet using measurement would disproportionately impact certain protected groups. Women tend to be shorter than men so fewer women will be hired. Thus, your facially neutral employment practice will disparately impact CASE STUDY Video Synthesis CASE STUDY