 At the end of session, the students should be able to:

1. Compare the rights of a person - be it their ethnicity,

disability, or gender and their security in their work places

2. Critique the rules and conventions of employment

3. Examine the different types of sexual harassment, different

issues and problems concerning labor, the responsibilities
and duties of labor organizations, and the social
responsibilities of a good corporate manager such as making
themselves aware of employee rights, observing and
respecting these rights.

4. Acquire competencies to combat employment irregularities.

 involves the right of persons to apply
and be evaluated from employment
opportunities without regard to race,
color, religion, age, national origin,
sex, disability, or status of a disabled
 A policy designed to redress past
discrimination against women and minority
groups through measures to improve their
economic and educational opportunities;

 The term affirmative action refers to policies

that take race, ethnicity, physical disabilities,
military career, sex, or a person's parents'
social class
 A policy or program providing advantages for
people of a minority group who are seen to
have traditionally been discriminated against,
with the aim of creating a more egalitarian
society through preferential access to
education, employment, health care, social
welfare, etc.

 Policies of governments and other institutions

that are designed to actively promote and
advance the status and the social and
occupational participation of groups of
people designated by sex, ethnicity or other
shared characteristic
 Refers to the unjust act of differentiating
one group of people not on the basis of
personal merit but on the basis of partiality
or bias.
◦ Laws protect employees from receiving unequal
treatment on the basis of race, gender, age,
citizenship, national origin, religion, marital
status, disability, or labor union activity. When
employers use these factors against their
workers, they have committed employment
discrimination.
 WANTED:

 Sales Clerk
 18-25 years old
 Female
 Single
 Roman Catholic
 With pleasing personality
 Fluent in speaking Ibanag, Filipino and English
 BSBA graduate or a graduate of any business-
related course
 Age Discrimination
 Refers to an employer making hiring or
promotion decisions based on the employee's
age, according to the EEOC website.
 This practice is a violation of the Age
Discrimination in Employment Act (ADEA), which
protects people who are 40 and over.
 An employer cannot choose to hire an employee
because the selected candidate is younger than
others who competed for the job.
 During an interview process, employers should
not ask the applicant's age, or the company risks
being accused of age discrimination, particularly
if that person is not hired for the job.
 It is important for employers to recognize
that employees of similar qualifications,
education and skill, should receive equal pay,
as stated on the EEOC website.
 According to the Equal Pay Act, male and
female employees with similar roles and
responsibilities should be paid equally.
 If there is a need to pay unequal wages to
employees, the company should have
significant justification to show the reason.
 cInsensitive and seemingly harmless jokes or
comments could land the employer in trouble with
the EEOC.
 Employers are also prohibited from discriminating
against female employees, or terminating their
employment, due to pregnancy. Companies are
required to investigate allegations of sexual
harassment, and all discrimination complaints, and
prevent hostile work environments by providing
ongoing training for current staff and new
employees.
 There are fields of occupation, which are traditionally
suitable for women because of their “sensitive,
vulnerable and fragile” nature
 There are types of work, which may not be fitting to
women due to their biological condition like monthly
period
 The inability of women to cope up with certain job
requirements since their common gender personality
and aptitude traits make them unsuitable for those
jobs

 Note: Such generalizations about women are not only
biased or prejudicial but also untrue. Because of
wrong person, women are not assigned to the tasks
traditionally directed to men and the result is that
some women are never given the necessary break to
prove themselves (Burchell and Fagan, 2004)
 Terminating an employee or not hiring an
applicant, because of a medical illness or
physical disability violates the laws mandated
by the EEOC, according to their website.

 The Americans with Disabilities Act (ADA)

requires employers to provide reasonable
accommodations for employees with
disabilities. This allowance includes
temporary adjustments to work schedules or
job duties.
 Employers working with diverse employees
should be careful not to display any behavior
that could be discriminatory based on race,
color, or national origin.

 Comments, jokes or statements that draw

unwanted attention to an employee based on
any of these factors could be considered
discriminatory.
 Discrimination only applies to legally protected
classes of people.

 Federal law—(laws passed by the U.S. Congress that

applies in all states)--protect against many types of
discrimination, including pregnancy, age, disability,
race, color, national origin, gender and religion.

 Most states also have laws that protect the same

classes of people. Additionally, many states also
protect against sexual orientation discrimination.
 The most common type of discrimination is
called "tangible employment action."

 Tangible employment action occurs when an

employee experiences a significant change in
employment status.

 This would include such actions as refusing

to hire, demoting, refusing to promote,
refusing to grant a raise, diminishing pay or
terminating.
 The other most common type of discrimination is
referred to as either harassment or hostile work
environment.

 Harassment occurs when the employer or a manager

or supervisor of the employer makes comments or
physical gestures that are outrageous and abusive to
an employee within a protected class.

 Legitimate discrimination claims based on hostile

work environment often include repeated slurs,
derogatory language or physical contact.

 The actions must be severe and pervasive enough

that a reasonably person would find the workplace
abusive and hostile.
 Discrimination in the workplace is upheld
through a system where decision-making
power is maintained by one particular group.
Non-compliance to affirmative action causes
discrimination.
 Discrimination factors are race, color,
religion, sex (including pregnancy), national
origin, age (40 or older), disability or genetic
information.

 These factors cause discrimination when used

to determining applicant status, promotion
potential or disciplinary action.
 Credit rating or economic status can
adversely affect an employment application.

 The employer must prove this is essential to

the position when soliciting this information.
 Other causes for workplace discrimination are
an abusive relationship of employer and
employee through the granting of breaks,
leave approval and work station assignment.
 "Everyone has the right to work, to free
choice of employment, to just and favorable
conditions of work and to protection against
unemployment .

 Everyone, without any discrimination, has the

right to "equal pay for equal work," as stated
by the Universal Declaration of Human Rights.

 A violation of these individual rights causes

unlawful discrimination.
 Physical and psychological safety are basic
human rights.

 Forced labor, an unsafe or toxic work

environment , and unreasonable work hours
cause workplace-related discrimination.
 The manager of an organization has a legal
and moral obligation to fight discrimination
in the workplace.

 His duties include, following directions given

by the Equal Employment Opportunities
Commission, implementing policies and
procedures in line with the Civil Rights Act
and dealing with any concerns or complaints
members of staff have regarding
discrimination in the workplace.
 It is the manager's legal duty to implement company
policy that follows both federal and state legislation.

 Title 7 of the Civil Rights Act 1964, provides that

there shall be no discrimination in the workplace
based upon, race, color, religion, sex or national
origin.

 The Equal Pay Act of 1963, states that workers should

be paid equally and fairly and gender is not a valid
reason for variations in pay. It is the responsibility of
the manager to keep abreast new developments in
discrimination law and any amendments made to
existing legislation. Failure to fulfill this duty can
result in severe criminal punishments personally and
for the company
 The Equal Employment Opportunity Commission, to
monitor and enforce discrimination laws in the
workplace.

 The Commission will examine a company's procedures

and policies and make suggestions for improvement.

 Failure of the manager to follow these suggestions can

result in the Commission enforcing civil penalties, such
as implementation of a positive discrimination
program.

 Positive discrimination programs seek to repair any

imbalance by hiring more of the discriminated
minority.
 The manager is responsible for dealing with any concerns that a
member of staff has regarding discrimination.

 He has a duty to investigate every reported case. This involves

interviewing those involved with the discrimination, any direct
witnesses and reviewing any CCTV footage that may exist.

 The manager has a duty to prepare a written report, which can

be used as evidence in a court of law if necessary.

 The manager has a moral duty to protect the interest of the

person experiencing discrimination and protect their identity as
far as possible.

 If the matter cannot be resolved within the company, the

manager has a duty to report the discrimination to the
authorities if it is serious, or to provide information and
assistance for the employee to seek help.
 Discrimination in the workplace is wrong and
socially irresponsible because of the following
reasons:

1. Discrimination in hiring is disservice in the

long run.

2. It is actually double jeopardy

3. Most importantly, it is wrong to discriminate

a group or an individual by reason of ethics.
1. When business discriminates, it consciously
or unconsciously affirms that one group is
inferior or subordinate to another group.

 Example: people from the province are less

qualified than those coming from the city; or
USLT graduates are more qualified than CSU;
French employees are better than Filipinos.

 This is a violation of the fundamental right to

be treated as equals!!!!
 refers to the safety and healthfulness of the
workplace, particularly the physical work
environment and the procedures followed in
performing the work.

 Note:
 Labor history is a witness to some poor and even
dangerous working conditions, long working
hours, insufficient safety measures; exploitation
of women and worst is the child labor.
 All of which become notorious when the factory
system and sweatshops have been introduced
during the industrial revolution.
 Factory - refers to a large establishment
employing scores of people involved in mass
production of industrial or consumer goods

 Sweatshops - a small manufacturing

establishment where tired employees work
long hours under substandard conditions for
low wages
 Structure of Workplace - consist of sector of
affiliation, employment status, size of the company.
 Physical Environment - involves exposure to
dangerous substances, heavy loads and corporal
risks.
 Working Time Issues - weekly hours, commuting
time, shift work and a typical work patterns.
 Organizational Environment - job content- refers to
repetitive tasks and pace of work
 Social Environment and Psychosocial risks -
harassment and discrimination in offices and
factories
 Work-related outcomes - concerned with perceptions
of health risk, work absences and job satisfaction.
 5 members per group

 In a three-column chart, compare

the working condition of a manager
and those in the rank and file in
terms of the dimensions of working
condition.
 Safety engineering - develop to prevent
industrial accident, control of the work
environment to reduce or eliminate hazards

 Effects of industrial accidents and unsafe

working conditions:

 Temporary or permanent injury

 Illness
 Death
 Reduce efficiency
 Loss productivity
 Physical health of the workers is not
endangered
 Morals are safeguarded
 Young people’s normal development is not
impaired
 Female have the right to work in accordance
with their gender.
 Proper illumination and ventilation in the
workplace
 Availability of exits and extinguisher
 First aid, family welfare and other services
 Separate comfort rooms
 Others( depending upon the nature of the
business)
 Offer wages that reflect the risk-premium
prevalent in other similar but competitive labor
market

 Provide employees with suitable health insurance

programs

 Collect information on health hazards that

coincide with a given job and make such
information available to employees

 Note: Employees taking higher risk will be

rewarded with higher compensation.
a. SSS or GSIS (maternity, sickness, disability,
retirement, and death)
b. Pag-ibig (housing and other loans)
c. ECC benefits for work related contingencies
d. Other benefits
a. Old-age and invalid survivor’s insurance
b. Health and maternity insurance
c. Family allowances
d. Work-injuries insurance
e. Unemployment insurance

 Note: Working conditions vary depending on

the kind of company, the nature of the job
and the position one holds.
 refers to the replacement of regular workers
by temporary workers who unlike the former
are not given benefits, do not accumulate
seniority and could be easily terminated.

 Also known as casualization of labor,

flexibilization of labor, or even
informalization of labor, this could only mean
mass termination of workers and massive
unemployment and underemployment.
 Contractualization is a bane to women
workers.

 It may provide them employment but only for

a short term; its deleterious effect on their
lives and livelihood is more far-reaching and
long term.

 The result of the three year research of CWR

on women and contractualization attests to
this.
1. It further depresses the already very low wages
of workers

2. It further reduces the time workers spend for

the family.

3. It brings down the workers' self-esteem

4. It nurtures and reinforces the already prevailing

culture of docility (submissiveness) and
subservience that have been inherited from the
feudal-patriarchal culture introduced by
Spanish colonizers.
1. Contractualization further aggravates
discrimination among women

2. Contractualization ignores the special needs

of women especially those pregnant and
with monthly period.
 Denies the workers with security and benefits
of regular job

 Promotes the evil of lack of job security

 It is a form of under employment, thus it is

socially irresponsible

 Taken as a business strategy validated to be

cost effective
 NOTE: The basic foundation for full employment is the
1987 Philippine Constitution protecting the right to full
employment in the following provision:

◦ Article 13, Section 3. “The State shall afford full

protection to labor, local and overseas, organized
and unorganized and promote full employment
and equality of employment opportunities for all”

 Thus, we can safely assume that both able and physically

challenged persons have the right to earn a living by a
meaningful occupation, a job worthy of the free and
thinking person.

 The basic human right to work and earn a legitimate

means of livelihood entails a solemn duty on the part of
private business sector and the government to provide
ample opportunities for adequate and full employment.
 Sexual harassment- form of unlawful sex discrimination,
which includes unwanted verbal or physical behavior of a
sexual nature that occurs in the workplace or in an
educational setting under certain conditions.

 -always an unsolicited and unreciprocated behavior

 -illegal if it creates an environment that is hostile or

intimidating, if it interferes with a person’s work or
school performance, or if acceptance of the harasser’s
behavior is made a condition of employment or
academic achievement

 -form of discrimination
1. Sexual Coercion – explicitly or implicitly
made as a condition for favorable decisions
affecting one’s employment, gain, or loss of
tangible job benefits.

2. Sexual annoyance - not directly related to

anyone’s employment, still creates an
intimidating, hostile, or offensive
environment in the workplace.
  Quid Pro Quo  Hostile Environment
 (Latin phrase-something for  Conduct has purpose or
something else) effect
 Submission to such conduct of (1) unreasonably
(1) is made a term or interfering
condition of employment or with work performance or
(2) forms a basis for (2) creating an intimidating,
employment decisions hostile, or offensive
affecting that individual environment

Employer is liable if knew or

should have known
Employer is always liable and failed to take appropriate
corrective action
 defines Sexual harassment as “The sexual favor
made as a condition in the hiring or in the
employment, reemployment or continued
employment of said individual, or in granting
said individual favorable compensation, terms,
conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in
limiting.

 Segregating or classifying the employee which in

any way would discriminate, deprive, or diminish
employment opportunities or otherwise adversely
affect said employee.”
 Strictly speaking, Sexual harassment is sexual
coercion, a condition for favorable decisions
affecting one; job.

 In a strict legal sense, Sexual harassment

could be committed by somebody having
authority or moral ascendancy over another-
usually by male superior.
1. Verbal harassment- consists of lewd
comments or remarks, offensive jokes, or
outright propositions.

2. Physical form- range from a naughty

glance, leering, kissing and intentionally
brushing against a person to pinching,
touching, and any sexual assaults.

3. Visual form or Use of objects or pictures

 The European Commission Code of Practice
(1993) presents a list, which may include the
following:

 Touching including pats, hugs or akbay,

cuddles, kissing or beso-beso, fondling,
pinching and staring

 Standing too close, bending over or

extending legs or bodies over desks

 Leering, watching women go up open

staircases, making persistent eye contact
 Gestures using hands, tongue, mouth, pieces
of instrument, and fondling of private parts

 Suggestive comments about one’s body,

clothes, personal lives, partners

 Innuendoes, sexist or lewd remarks or jokes

 Display of sexually explicit materials. Sexual

or sexist telephone calls, fax messages, e-
mail, graffiti, letters, or notes
 Compliment- produces a good feeling so much so
one wants the interaction to go on

 Verbal Sexual harassment- more on the behavior that

is coercive, unsolicited, and embarrassing on the part
of the victim

 NOTE: Sexual harassment is not based on the
perpetrator’s good feeling but on the victim’s bad
feeling.

 A compliment produces a good and healthy feeling

on the receiver while verbal sexual harassment
definitely produces a diseased feeling.
 Note: The Philippine Anti-Sexual Harassment Act
of 1995 makes sure that accountability falls both
on the harasser and the employer.

 It imposes a DUTY on the employer to prevent or

deter any commission of acts of sexual
harassment.

 For when an employer fails to act after knowing

the commission of offense, he/she will be held
liable in solidarity for damages arising from the
acts of sexual harassment.

 If found guilty, the offender is penalized by

imprisonment from one to six months ranging
from P10,000 to P20,000 or both at the
discretion of the Court.
 Socio-emotional Damage
1. Psycho-emotional stress
2. A degrading aftermath
3. Self-doubt
4. Breakdown of relationship

 Economic Consequences
1. Loss of income
2. Interruption of one’s career
3. Forfeiture of benefits
1. It is a dishonor to human dignity and a
direct transgression to basic human rights

2. right to be treated with respect

3. Right to a good working environment

4. Right to equal opportunity

5. Right to job security

 Note:

 When ignored, SH can exact a high cost to the

company in terms of:

1. Loss of productivity
2. High absenteeism among affected employees
3. Disruptions of work
4. Retraining of new workers because of high
turnover
5. Low morale
6. Tarnished corporate public image
7. Tangible cost associated with legal suits
 It is management’s legal and social
responsibilities to carry out a strict policy
against SH.

 ECCP defines the following duties:

1. To explain and positively promote the policy to
their staff
2. To ensure a working environment free of visual
forms of sexual harassment
3. To be alert to any practice of verbal forms of
harassment and ready to take necessary action
accordingly
4. To be responsive and supportive to any
member of staff who complains about it
5. To ensure complete confidentiality in dealing
with all cases of SH
6. To ensure full and clear advice on the
procedure
7. To deal with cases promptly
8. To provide additional appraisal and counseling
sessions to staff member who have difficulty in
a accepting and implementing the policy
9. To attend training sessions related to SH
 Refers to illegal employment of children
below 18 years old.

 Under the law, child labor is defined as any

work or economic activity performed by a
child that subjects him or her to any form of
exploitation, or is harmful to his or her health
and safety, or physical, mental, or psycho-
social development.
 Most underage children are forced to labor
to support their poor families due to
poverty.

 Because of child labor, children suffer from

malnutrition.

 Instead of idling their time in a classroom,

these children were rather roam around
the streets and risking their lives just to
earn enough money for their families.
 The United Nations Commission on Human
Rights reports that if this exploitative is a fact
of life in the affluent society, it is even more
shameful and disgraceful in poor and
developing countries.
 4 million child laborers in the Philippines
2.5 million – unpaid workers
900,000 – private workers
350,000 – household helps
270,000 – self-employed
 There are 5.59 million child laborers toiling in
the Philippines and almost all of them are
working in hazardous conditions, according to a
survey financed by the International Labor
Organization (ILO).
 The 2011 Survey on Children conducted by the
National Statistics Office (NSO) showed that out
of the 29.019 million Filipino children aged 5-17
years old, about 18.9 percent or 5.59 million,
were already working.
 This is higher than the 4 million Filipino working
children registered in a 2001 survey conducted
by the ILO and the US Department of Labor.
 In the Philippines, according to the Philippine
Statistics Authority (PSA), about 95 per cent of child
laborers are in hazardous work. 69 per cent of
these are aged 15-17 years old, beyond the
minimum allowable age for work but still exposed
to hazardous working conditions. Children work in
farms and plantations, in dangerous mines, on
streets, in factories, and in private homes as child
domestic workers. Agriculture remains to be the
sector where most child laborers can be found at 58
per cent.
 6% of our child laborers are unprotected from
hazardous environment that put their health
and life and risk, which include long exposure
to deadly chemicals as well as physical
dangers.
 Child labor is a bold illustration of
prioritization of material realities over the
human person or profit maximization at all
cost.
 was launched by the Office of the President
on January 16, 1998 at Quezon Memorial
Circle in Quezon City.

 Symbolic protest against Child Labor practice.

 International Labor Organization declared

June 12 as Anti-Child Labor Day
 The Philippines has adopted the Philippine
Program Against Child Labor (PPACL) as the
official national program on the elimination of
child labor.

 This is a convergence of the efforts of

government, the private sector, employers’
groups, trade unions, NGOs and international
development institutions towards the
prevention, protection and removal from
hazardous and exploitative work of child labor
victims and, as may be appropriate, healing and
reintegrating them.
 The ILO has been supporting the Philippines in
the implementation of the PPACL through its
International Programme on the Elimination of
Child Labour (IPEC).

 Presently, ILO is managing a Project funded by

the US Department of Labor called Country
Level Engagement and Assistance to Reduce
Child Labor (CLEAR) . It aims to enhance the
capacity of the Philippines to reduce child labor
by supporting its actions in addressing the
recommendations contained in the "Finding on
the Worst Forms of Child Labor Report" of the
USDOL.
 RA 7610 (June 17, 1992)
 Special Protection of Children against Child
Abuse, Exploitation and Discrimination Act
 Approved by the President of the
Philippines, Corazon C. Aquino

 RA 7658 (May 12, 1994)

 was issued by the DOLE which provides that,
among others, it is illegal to employ children
under 15 years of age.
1. Poverty
2. Traditional distorted beliefs
3. Convenience on the part of the
employer
 Children who work may suffer in 4 areas:
Physical, Mental, Emotional and Moral.

1. Physical Deterioration
2. Mental Wasting
3. Low Aspiration
4. Moral Decay
 Under RA 7610
 Signed by Pres. Corazon C. Aquino on June
17, 1992
 The law attaches criminal liability to any
parents who, by his/her actuation, deprived
his/her parental love, care, protection and
education.
 Child Labor is a socio-ethical issue for the
global community, including business.

 The primary responsibility for eliminating

child labor should be shouldered by national
governments and international bodies such
as the International Labor Organization or ILO
and the United Nations or UN.
1. Labeling

 Seeks to ensure that a single product or

product type is free from child labor.

 Products now carry a label indicating to

consumers that the product was
manufactured under their fair and equitable
conditions and without the use of child labor.
 Critics suggest that labeling is generally too
simplistic an approach by which to combat
such problem, for it is extremely hard to
guarantee that a product has been
manufactured without the use of child labor.
 However, such labels can bring benefits when
they are supported by rigorously applied
audit process.
2. Codes of Conduct and Supplier Guidelines

 can be useful when introduced by

companies with a detailed understanding of
the complexities of child labor.

 In the absence of external monitoring and

verification, codes of conduct may be seen
as, and proved to be, little more than
rhetoric and may even prove
counterproductive if introduced without
sufficient thought.
 Focus of Customers

 Reputation preservation with customers

 A company that focuses on the needs of its
suppliers and local community stakeholders
might well have a different response to the
same problem.
 Rather than seeking to eliminate all work
undertaken by children, it might choose
instead to change the nature of the work, in
line with ILO recommendations and ideally in
consultation with a local community-based
organization.

 Or provide employment to their parents, if

such case is not unlikely. This option needs a
lot of sustained planning and preparation.
 Elimination or change in the role of children

 The benefit to both the company and the

child will be greatest if the changes are
introduced in a controlled fashion, possibly
over a period of time. Whatever the response
is, good communication with all affected
stakeholders is absolutely essential.