By: Beatrice C.

Banaag
is the unfair treatment of persons based
on bias and prejudice practiced
commonly on the grounds of age,
disability, ethnicity, origin, political
belief, race, religion, sex, etc.
 DIRECT - Under similar circumstances, when a person
with a protected characteristic is treated less favorably than
others.
 INDIRECT - If there is a rule or policy in the workplace
that puts you at a disadvantage as compared to others.
 ASSOCIATED - If you are treated unfairly because
someone you know or are associated with has a protected
characteristic
 HARRASSMENT – this comprises of unwanted behaviour
that makes another person feel offended, humiliated or
intimidated. Unwanted behaviour could include physical
gestures, abuse, jokes, spoken or written words or offensive
emails and expressions.
 VICTIMISATION- Treating someone badly because they
have done a “protected act” or you believe have done a
“protected act”
 Article 3 of the Labor Code of the Philippines
-“The state shall afford protection to labor, promote full employment, ensure
equal work opportunities regardless of sex, race, or creed and regulate relations between
works and employers. The state shall assure the rights of workers to self-organizarion,
collective bargaining, security of tenure and just humane conditions of work.”
 Republic Act 6725
-“Art. 135. Discrimination prohibited – it shall be unlawful for any employer to
discriminate against any woman employee with respect to terms and conditions of
employment solely on account of her sex”
 Section 3 of the Republic Act 9710 Magna Carta of Women
-“All individuals are equal as human beings by virtue of the inherent dignity of
each human person. No one should therefore suffer discrimination on the basis of
ethnicity, gender, age, language, sexual orientation, race, color, religion, political or other
opinion, national, social or geographical origin, disability, property, birth, or other status
as established by human rights standards.
 Title VII of the Civil Rights Act of 1964 (Title VII)
This law makes it illegal to discriminate against someone on the basis of
race, color, religion, national origin, or sex. The law also requires that employers
reasonably accommodate applicants' and employees' sincerely held religious
practices, unless doing so would impose an undue hardship on the operation of the
employer's business.
 The Pregnancy Discrimination Act
 The Equal Pay Act of 1963 (EPA)
 The Age Discrimination in Employment Act of 1967 (ADEA)
 Title I of the Americans with Disabilities Act of 1990 (ADA)
As reflected by AARP:
 Two out of three workers between ages 45 and 74 say
they have seen or experienced age discrimination at
work.
 Job seekers over age 35 cite it as a top obstacle to
getting hired. And if one happens to work in the high-
tech or entertainment industries, chances of
experiencing age discrimination are even higher.
(Palmer, n.d.)
Bobby Dean Nickel, 64 when he lost his job, was hired by Corporate Express
in August of 2002 as a facilities manager. Staples Contract and Staples Inc.
acquired Corporate Express in 2008.
For nine years, Nickel received positive job reviews, according to his Los
Angeles Superior Court lawsuit, filed in March 2012.

Because Corporate Express’ pay scale was higher than that of employees
hired by Staples, Nickel alleged in his complaint that his mangers wanted to
discharge older, higher paid employees.
Nickel’s complaint also stated that he was a regular butt of jokes at staff
meetings and was referred to as “old coot” and “old goat.”

After he refused to resign when prompted to by a manager, he underwent a

series of false accusations and increasing levels of harassment from co-
workers and a manager, including being suspended for taking a bell pepper
worth 68 cents from the company cafeteria, according to the lawsuit.
A receptionist told Nickel she was ordered by management to provide
a false statement about Nickel’s conduct but she refused to do so,
according to the lawsuit.

Defense attorneys denied any wrongdoing on the part of Staples and

that Nickel suffered the damages he claimed. They said taking of the
bell pepper violated the company’s zero-tolerance policy when it
came to “dishonesty of any kind, including theft or misappropriation of
company property.”

Nickel was fired July 29, 2011. His lawyer, Carney Shegerian, said it
represents the largest verdict of its kind in county history, topping
another in which he won $21.6 million for another client.
Bobby Nickel a 66-year-old man was awarded $26 million
by a jury that found he was discriminated against and
harassed based upon his age by his supervising managers
at Staples.
A Los Angeles Superior Court jury deliberated for parts of
Tuesday and Wednesday before finding in favor of Bobby
Nickel. The panel awarded him $3.2 million in
compensatory damages and more than $22.8 million in
punitive damages.
 This law protects people who are 40 or older from
discrimination because of age. The law also makes it illegal
to retaliate against a person because the person complained
about discrimination, filed a charge of discrimination, or
participated in an employment discrimination investigation
or lawsuit.
 The law has for its avowed purposes the following:
a) promotion of employment on the basis of ability, knowledge,
skills, and qualification;
b) prohibition against arbitrary age limitations in employment;
and
c) promotion of the right of all employees and workers,
regardless of age, to be treated equally in terms of compensation,
benefits, promotion, training and other employment opportunities. The
law covers all employers, labor contractors/subcontractors, and labor
organizations.
 a) Print or publish any notice of advertisement relating to
employment suggesting preferences, limitations, specifications, and
discrimination based on age;
 b) Require the declaration of age or birth date during the application
process;
 c) Decline any employment application because of the
individual’s age;
 d) Discriminate against an individual in terms of compensation,
terms and conditions or privileges of employment on account of
age;
 e) Deny promotion or opportunity for training because of age;
 f) Forcibly lay off an employee or worker because of old age;
and
 g) Impose early retirement on the basis of age.
10% of the total world’s population, or roughly
650 million people, live with a disability.
Only 35% of people with at least one
disability and are of working age actually
have a job. 78% of non-disabled individuals,
in comparison, do have a job.
 1 in 3 employers say that they do not hire people with
disabilities because the cannot perform required job tasks.
 The poverty rate for people with disabilities: 47%.
 Unemployment rates in the disability community are
consistently around 80% in some countries. (Gaille, 2017)

Source: Brandon Gaille, 21 Amazing Disability Discrimination Statistics

 The jury found that Chuck E. Cheese violated the employment
provisions of the ADA by discriminating against Donald Perkle
when they fired him due to his disability, mental retardation.
 The lawsuit, filed in federal district court for the Western
District of Wisconsin, was based on an administrative finding
that a regional manager fired Mr. Perkle from his job as a
janitor after stating that Chuck E. Cheese did not hire "those
kind of people.” and even argued that this act was
acceptable because they believed this human being could
not feel the pain of this humiliation."
 After the regional manager fired him, the local manager
and employees asked the company president and CEO
to intervene and reverse the decision stating that Perkle
does his job well despite his disability. However, they were
met with silence and inaction.
 The jury ruled in favor of Perkle and awarded $13 million
in compensatory and punitive damages to the former
Chuck E. Cheese pizza chain employee.
IN THE USA: TITLE I OF THE PERSONS
WITH DISABILITIES ACT OF 1990 (ADA)
“it is illegal to discriminate against a qualified person
with a disability in the private sector and in state and local
governments. The law also requires that employers
reasonably accommodate the known physical or mental
limitations of an otherwise qualified individual with a
disability who is an applicant or employee, unless doing so
would impose an undue hardship on the operation of the
employer's business.”
Magna Carta for Disabled Persons
5% or 4.93 million of the whole of
Filipinos are Muslims
60% of Muslims said that they are being
discriminated by other Filipinos
according to their appearance and
religious affairs.
 30% said they weren’t accepted to
jobs because of their race

Source: Ateneo De Manila University, Current Issues in Filipino Muslims

 80% of ethnic graduates are not
accepted to jobs because of their
ethnicity.

Source: Ateneo De Manila University, Current Issues in Filipino Muslims

 An act prohibiting profiling as well as
discriminations against persons on account of ethnic
or racial origin and/or religious affiliation of belief.
 As defined by Jane Hyun is a combination of individual, cultural and
organizational factors that impedes Asian Americans career progress
inside organizations.
 Asian Americans are the fastest-growing, highest-income, best-
educated racial group in the U.S., according to Pew Research
Center. While they are well represented in the non-managerial
workforce, they’re often significantly under-represented in the
executive suite.
 In 1993, NationsBank’s (The now-called Bank of America)
Charlotte office has been reported by DOL as having a
“systemic” hiring violations against black Americans for
entry-level jobs.
 The bank has discriminated and rejected over 1000 black
applicants for teller, clerical and administrative jobs.
 The bank, then, continued to deny the accusation and even
challenged the Department of Labor’s findings as
inaccurate and kept on for nearly 25 years until they finally
agreed to settle.
 The jury Ruled in DOL’s favor by the jury, the Bank of
America was ordered to pay $2.2 million to black job
applicants whom DOL said were unfairly rejected,
$964,000 to more than 1000 applicants from 1993, 1.22
million to 113 people who got rejected 2002 to 2005 and
was ordered to make job offers to ten former job
applicants.
 Even until the settlement, the bank stresses its innocence
on the issue.
 Global Pay Gap Between Males and Females 2017
100% 0
90% 23
80%
70%
60%
50% 100
40% 87
30%
20%
10%
0%
Female Male
Axis Title

Wage Discrepancy
 According to the World Economic Forum’s Gender Gap
Report, the Philippines is currently standing on the 10th
place ahead of other 134 countries when it comes to
gender equality making it first in asia.

 However, despite this, women in the Philippines still earn

less than men with 76 pesos for every 100 a man make.
(Leoptold 2017)
Image Source: Decent Work Statistics Online Database, Philippine Statistics Authority (PSA)
 is a classic example of workplace gender
discrimination–the unwritten code that women
cannot hold certain senior positions and are
prevented from advancing beyond a certain point
because of gender despite their skills, talents, and
qualifications.
 In 2004, a group of female flight attendants filed a gender
discrimination case against national carrier Philippine
Airlines (PAL).
 The class suit stems from PAL’s policy which “compulsorily”
retired stewardesses at age 55, while stewards could retire
at 60.
 The provision is part of PAL’s Collective Bargaining
Agreement, though no reason was provided for the
discrepancy.
 After 11 years, the Makati Regional Trial Court finally ruled
in their favor.
 In May 2015, the court declared PAL’s provision null and
void, awarding around 1,000 affected flight attendants
P100,000 each.
According to ARRG:
While 72 percent of women between the ages of 45
and 74 said they face or faced age discrimination at
work, only 57 percent of men in the same age range
said so.
“the State recognizes the role of women in nation-
building and shall ensure the fundamental equality
before the law of women and men.”
Lesbian, Gay, Bisexual, and Transgender (LGBT) Workplace
Discrimination at a Glance:
 One in four LGBT employees report experiencing employment discrimination in the
last five years.
 The Transgender unemployment rate is three times higher than the national average.
 Over one quarter (27%) of transgender people who held or applied for a job in the last
year reported being fired, not hired, or denied a promotion due to their gender identity.
 Nearly one in 10 LGBT employees have left a job because the environment was
unwelcoming.
 8 percent of LGBT employees report that discrimination negatively affected their work
environment.
 In 2014, more than one in four LGBT adults (2.2 million people) struggled to put food on
the table.
 Maximizes the company’s potential
 It Raises Employee Morale And Engagement
 It Maximizes Profit
 It Prevents Hiring Problems
 Preventing
discrimination in
the society
 Kategorical Imperative- Obligational based: Do
what’s right regardless of the consequenses. Help
those in need!
 Natural law Principle- The idea of right and
wrong are universal concepts to mankind,
expressed as morality.
 Rawl’s Justice as Fairness- “Fair play” balancing
freedom and equality.
1. Become familiar with all applicable anti-discrimination
laws
2. Develop and implement a comprehensive anti-
discrimination policy in the company
3. Develop and institute mandatory anti-discrimination
training programs
4. Be prepared to investigate complaints of discrimination
or harassment
72 UN-member States protect
against discrimination in
employment.
(2017, November 22). Retrieved from Senate of the Philippines: https://www.senate.gov.ph
66-year-old man arawded $26 million in age discrimination lawsuit against Staples. (2014, February 27).
Retrieved from Daily News: https://www.dailynews.com
Chen, L. (2016, january 20). How Asian Americans Can Break Through The Bamboo Ceiling. Retrieved from
Forbes: https://www.forbes.com
Greenhalgh, H. (2017, October 26). LGBT Pay Gap Demands Attention. Retrieved from Financial Times:
https://www.ft.com
Lombardo, J. (n.d.). What is Discrimination at the Workplace? - Forms, Policies & Practices. Retrieved from
Study.com: https://study.com
Oh, S. (2017, April 4). The Gender and Racial Wage Gap in One Chart. Retrieved from Vox:
https://www.vox.com
Out and Equal Workplace Advocates. (2018). Retrieved from 2017 Workplace Equality Fact Sheet:
http://outandequal.org
Palmer, K. (n.d.). Work & Jobs Work Life Balance. Retrieved from AARP: https://www.aarp.org
Retired Female Flight Attendants Win Gender Discrimination Suit vs PAL. (2015, June 11).
Retrieved from Trade Union Congress of the Philippines: http://tucp.org.ph
Sangalang, K. J. (2014). Racial and Ethnic Inequality in the Philippines. Linkedln SlideShare.
The Simple Truth. (2018). Retrieved from American Association of University Women:
https://www.aauw.org
What is Discrimination? (n.d.). Retrieved from Equal Opportunities Commission Web site:
https://www.eoc.org.uk