Equal Employment Opportunity (EEO) and the Law PDF

EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND THE LAW Legal issues pervade almost all aspects of employment from the recruitment and selection of applicants to their separation from employment. Several HRM laws tackle a variety of legal issues. Some may be related to specific employment practices while...

EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND THE LAW Legal issues pervade almost all aspects of employment from the recruitment and selection of applicants to their separation from employment. Several HRM laws tackle a variety of legal issues. Some may be related to specific employment practices while others cover extensive HR concerns such as employment discrimination in the area of age, sex, race, and other factors. The topic of discrimination is so pervasive and interpretation of anti- discrimination law is so complex that we must have to study the “basics”  EMPLOYMENT DISCRIMINATION is the unjust or prejudicial treatment of different categories of people or thing specifically on the basis of their age, race, gender, and religious beliefs  TWO CATEGORIES OF PEOPLE PROTECTED BY EQUAL EMPLOYMENT OPPORTUNITY (EEO) LAWS 1. PROTECTED CLASSIFICATION - categories of people who are lawfully protected against employment discrimination based on their age, gender, skin color, ethnicity, and physical or mental disability. 2. 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 determine Non-Compliance or Violation of EEO law, a person should know the court defines discrimination: 1. Intenational Discrimination or Disparate Treatment – this is a kind of an unlawful discrimination wherein the employer makes a gesture that internally treats an individual differently on the basis of some of criteria 2. Unintentional Discrimination or Disparate Impact – this is an indirect type of discrimination whereby a policy or standard that is work- related gives unequal chances to individuals from various protected groups.  EQUAL EMPLOYMENT OPPORTUNITY VERSUS AFFIRMATIVE ACTION 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 PERSON CHAPTER 1 EMPLOYMENT Disabled persons are those suffering from restriction of different abilities, as a result of a metals, physical or sensory impairment, which render them unable to perform an activity in the manner or within the range considered normal for human being;  Section 5 EQUAL OPPORTUNITY FOR EMPLOYMENT SECTION 5. Equal Opportunity for Employment : No disabled persons 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. Five percent (5%) of all casual, emergency and contractual positions in the Department 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. SECTION 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. In the placement of disabled persons in sheltered employment, it shall accord due regard to the individual qualities, vocational goals and inclinations to ensure a good working atmosphere and efficient production. SECTION 7. Apprenticeship : Subject to the provision of the Labor Code as amended, disabled persons shall be eligible as apprentices or learners; Provided, That their handicap is not 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. SECTION 8. Incentives for Employer : (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: Provided, however, That such entities present proof as certified by the Department of Labor and Employment that disabled person are under their employ. Provided, further, That the disabled employee is accredited with the Department of Labor and Employment and the Department of Health as to his disability, skills and qualifications. (c). Private entities that improved 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. This section, however, does not apply to improvements or modifications of facilities required under Batas Pambansa Bilang 344. SECTION 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 potential of disabled persons and enable them to compete favorably for available productive and remunerative employment opportunities in the labor market. vocational rehabilitation activities. The State shall also take measures to ensure the provisions of vocational rehabilitation and livelihood services for disabled persons in the rural areas. In addition, it shall promote cooperation and coordination between the government and non-government organization and other private entities engaged in The Department of Social Welfare and Development shall design and implement training programs that will provide disabled persons with vocational skills to enable them to engage in livelihood activities or obtain gainful employment. The Department of Labor and Employment shall likewise design and conduct training programs geared towards providing disabled persons with skills for livelihood. SECTION 10. Vocational Guidance and Counselling : The Department of Social Welfare and Development shall implement measures providing and evaluating vocational guidance and counselling to enable disabled persons to secure, retain and advance in employment. It shall ensure the availability and training counsellors and other suitability qualified staff responsible for the vocational guidance and counselling of disabled persons. SECTION 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 Disabled Persons (NCWDP), shall promulgate the rules and regulations necessary to implement the provision under this Chapter.  ANTI SEXUAL HARASSMENT ACT, 1995 The harassment in the workplace is sexual and consists of unwanted sexual advances, conduct, behavior, etc. It is the most common type of workplace harassment. It is illegal and must be taken seriously. Examples of sexual harassment are sharing sexual photos or posters, inappropriate sexual touching or gestures, passing sexual comments, invading someone’s personal space sexually, etc. A study by EEOC has shown that 25%-85% of women have faced sexual harassment at work. 54% of LGBT BME women have experienced unwanted touching, and 45% of them have reported sexual assault, and 27% have reported severe sexual assault or rape by a survey by the Trades Union Congress.  TWO TYPES OF HARASSMENT Quid Pro Quo Sexual Harassment It is a type of exchange-based sexual agreement. It refers to when the employer makes the employee take part in sexual conduct in exchange for providing any job benefits to the employee. Most of the time, the harasser is someone in the top-level management, like a manager or supervisor. The victim is subject to such offers for getting a promotion, raise, opportunities, avoiding demotion or dismissal, etc., in exchange for providing sexual favors to the harasser.  TWO TYPES OF HARASSMENT Hostile Environment It can take place when unsolicited criticism and actions interfere with the employee’s performance and well-being or has created a disrespectful or insulting work environment for the harassed employee. Other than the employee who is the target of harassment, are also considered victims and may likewise view the workplace as very unfriendly, which could negatively impact their productivity. Thus vulgar words, nude pictures, swearing, and other offensive statements constitute a hostile environment.  Wage Rationalization Act, 1989 SECTION 2 It is hereby declared the policy of the State to rationalize the fixing of minimum wages and to promote productivity-improvement and gain-sharing measures to ensure a decent standard of living for the workers and their families; to guarantee the rights of labor to its just share in the fruits of production; to enhance employment generation in the countryside through industry dispersal; and to allow business and industry reasonable returns on investment, expansion and growth.  Women in Development and Nation Building Act, 1992 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. The Acts grants women, regardless of their marital status, full legal capacity to act and to enter into contracts, the capacity to obtain loans, and equality in the agricultural sector (Section 5). It grants them equal access to membership in a social, civic , and recreational clubs as well as the right of admission into military school (Section 6 and 7). Full-time homemakers have the right to participate in government-sponsored social security schemes (Section 8) Act to regulate the employment of Women and Children, to Provide for Penalties in Violation Hereof, and for other Purposes, 1952 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 of 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 Filipino Act, 1995 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 labor, and promote full employment opportunities for all. Equality of men and women before the law is affirmed in 2(d). Similarly, the contribution of overseas female 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 Section 9 stipulates that there must 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 acts 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.  LOCAL GOVERNMENT CODE, 1991 Section 41c of this Act provides seats for women in all local legislative assemblies for local government units nationwide.  EXECUTIVE ORDER CONCERNING THE EQUALITY OF ACCESS TO EDUCATION -117 This order provides for the promotion and maintenance of the equality of the access to education and enjoyment of the benefits to be derived from it by all citizens. As a result of this Order, women may now enroll in the Philippine Military Academy.  REPUBLIC ACT CONCERNING PRIVATE EDUCATION (6728),1989 This Act grants government assistance to students and teachers in private education. Private school teachers who have meager earnings (mostly female) can avail themselves of scholarships to enable them to pursue higher education to qualify for more responsible positions.  GENERAL APPROPRIATION ACT 1995 This Act includes a provision on gender-responsive projects. Section 27 directs government agencies to set aside an amount from their 1995 appropriations for projects that address gender issues.  Similarly, the National Budget Call for fiscal year 1996 (National Budget Memorandum no. 67) (and again for 1997) identified women in development/gender and development as a priority concern of the administration toward which government agencies should direct their financial resources.  LABOR CODE OF THE PHILIPPINES, 1974 The Labor Code of the Philippines, which has been amended several times since 1974, prohibits women’s night work, (Art. 130) with some exceptions (Art. 131). According to Art. 12, the Secretary of Labor must establish standards that will ensure the safety and health of women employees, notably in relation to seats, separate toilet rooms and lavatories, nurseries, minimum age, and other standards for retirement. Art. 135 strengthens the prohibition of discrimination against women with respect to terms and conditions of employment. It defines discrimination as paying lower compensation to a woman for work equal value and favoring a male employee with respect to promotion, training opportunities, and study or scholarship grants. In addition to penalties provided under the Code (willful violations of ACT 135 entail criminal liability), the aggrieved employee may file an entirely separate claim for monetary damages and affirmative relief. An amendment to Art. 135 of the Labor Code was proposed in August 1999 in order to improve its conformity with ILO Convention no 100. Among acts of discrimination, paragraph (a) reads as follows: “Payment of lesser compensation including wage, salary or other form of remuneration and fringe benefits a female employee as against a male employee, for work of equal value whether the work or tasks are the same or of a different nature” Art. 136 states that it is unlawful for an employer to require, as a condition of employment or continuation of employment, that a woman employee not marry, or to stipulate expressly that upon getting married a woman employee shall be deemed to have a resigned or separated, or to actually dismiss, discharge, discriminate against or otherwise prejudice a woman employee merely by reason of her marriage. Art 137 states that it is prohibited to discharge a woman on account of her pregnancy, or while on leave or in confinement due her pregnancy. It is also prohibited discharge or refuse the admission of a woman upon returning to her work for fear that she may again be pregnant Under Republic Act no 7655 (Act Increasing the Minimum Wage of house Helpers), house helpers who are receiving at least one thousand pesos (P1,000) must be covered by the Social Security System (SSS) and are entitled to all the benefits provided thereunder. Finally, Book Four Title I of the Code deals with medical, dental, and occupational safety. Every employee, regardless of gender considerations, are covered in the same way by the State Insurance Fund. Sexual cases in the workplace are common within the organization. Sensual fondness has been part of the social interactions among between employees such that certain kind of feelings evolve in the process. Sadly, these interactions are often displeasing and unwanted as evidenced by several reported cases of sexual harassment