DISCRIMINATION

Discrimination is harming someone’s rights simply because of who they are or what they believe.
Discrimination is harmful and perpetuates inequality. It strikes at the very heart of being human.

Discrimination can take various forms:

 Direct discrimination – (pagkukumpara sayo sa ibang tao)

 Direct discrimination in the workplace refers to where an employer treats an employee
less favourably because of a protected characteristic.
 Not allowing a disabled student to participate in a school activity
 Indirect discrimination (it’s a kind of policy na may pagkukumpara namay dis advantage at
advantage sayo)
 Employees may be required to work on Saturdays as per company rule. Jewish employees
who observe the Sabbath may not be able to work on Saturdays, which puts them at an
disadvantage.

 Employees are required to work full time as per company criteria but female
employees, who are the primary caregiver to their children, may need to work part-
time or have flexible work hours (indirect gender discrimination).
 A company has a policy that allows only employees with a postgraduate qualification
to be promoted. Although this rule applies to everyone, it disadvantages younger
people who are less likely to have that qualification (indirect age discrimination).
 Employees are required to do night shifts according to company policy. This rule
applies to everyone in the workplace but a person who needs nightly dialysis for
kidney failure is discriminated by this rule (indirect disability discrimination).

 Intersectional discrimination (discrimination sa katangian mo)

 Intersectionality examines how a person’s identities, such as their gender, ethnicity, and
sexuality, affect their access to opportunities and privileges.

Some Key forms of Discrimination

 Racial and ethical discrimination - Racism affects virtually every country in the world. It
systematically denies people their full human rights just because of their colour, race,
ethnicity, descent (including caste) or national origin.
 Discrimination against Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) - refusing
to hire someone because they are gay or refusing to rent to someone based on their sexual
orientation or gender identity. Everywhere in the world, people face discrimination
because of who they love, who they are attracted to and who they are. Lesbian, gay,
bisexual, transgender and intersex (LGBTI) people risk being unfairly treated in all areas of
their lives, whether it’s in education, employment, housing or access to health care, and
they may face harassment and violence.
 Gender discrimination - In many countries, in all regions of the world, laws, policies,
customs and beliefs exist that deny women and girls their rights.
 Discrimination based on disability - Disability discrimination involves unfair or biased
treatment of individuals due to their disability. Discrimination can be direct, such as not
hiring someone because of a chronic illness, or indirect, such as having job requirements
that exclude people with disabilities. It can also involve failing to make reasonable
accommodations, harassment, and victimization.
  How to handle it: Americans with Disabilities Act (ADA) protect against disability
discrimination in employment, public accommodations, access to programs and services,
and communications. If you have experienced disability discrimination, you can file an ADA
complaint with the Civil Rights Division of the Department of Justice.
 Age - Examples of ageism include being fired, not being hired, not getting promoted, not
receiving equitable training, or not getting job assignments because of your age. This might
involve being fired in favor of hiring a younger candidate or not being promoted because
an employer believes you are too young.
 How to handle it: Age-based discrimination is illegal in some instances. The Age
Discrimination in Employment Act (ADEA) protects job applicants and employees over the
age of 40 from being discriminated against based on their age. It protects workers against
discrimination in hiring, promotion, termination, compensation, job training, or other
conditions and privileges of employment.6Unfortunately, workers under the age of 40 are
not protected by ADEA.

Dealing with discrimination:

 Focus on your strength

Focusing on your core values, beliefs, and perceived strengths can motivate people to succeed, and
may even buffer the negative effects of bias. Overcoming hardship can also make people more
resilient and better able to face future challenges.

 Seek support system

One problem with discrimination is that people can internalize others’ negative beliefs, even when
they’re false. You may start to believe you’re not good enough. But family and friends can remind
you of your worth and help you reframe those faulty beliefs.

 Get involved

Support doesn’t have to come from people in your family or circle of friends. You can get involved
with like-minded groups and organizations, whether locally or online. It can help to know there are
other people who have had similar experiences to yours. And connecting with those people might
help you figure out how to address situations and respond to experiences of discrimination in ways
you haven’t thought of.

 Help yourself think clearly

Try to check in with your body before reacting. Slow your breathing or use other relaxation
exercises to calm your body’s stress response. Then you’ll be able to think more clearly about how
you want to respond.

 Don’t dwell

When you’ve experienced discrimination, it can be really hard to just shake it off. People
often get stuck on episodes of discrimination, in part because they’re not sure how to handle
those experiences. You might want to speak out or complain, but you’re not sure how to go
about it, or are afraid of the backlash. So instead, you end up ruminating, or thinking over
and over about what you should have done.
In a calmer moment, it might be helpful to talk over the ways you can cope with similar
experiences in the future. Try to come up with a plan for how you might respond or what you
could do differently next time. Once you’ve determined how to respond, try to leave the
incident behind you as you go on with your day.

 Seek professional help

Discrimination is difficult to deal with, and is often associated with symptoms of depression.
Psychologists are experts in helping people manage symptoms of stress and depression, and can
help you find healthy ways to cope. You can find a psychologist in your area by using
APA’s Psychologist Locator Service.

Constitutional Mandate

The 1987 Philippine Constitution is a bedrock legal document that safeguards the rights and
freedoms of every Filipino.

Article III, Section 1 of the 1987 Philippine Constitution: Equal Protection Clause

Article III, Section 1 of the 1987 Philippine Constitution explicitly states:

“No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.”

This provision prohibits the government from unduly favoring or discriminating against any individual
or group. It seeks to guarantee that laws apply uniformly to all, irrespective of their circumstances,
ensuring that no subset of the population receives preferential or prejudicial treatment.

Implications of the Equal Protection Clause

The implications of the Equal Protection Clause are profound. This clause mandates rigorous scrutiny
of laws that appear to treat groups differently, requiring justification for compelling state interest. It
underpins pivotal rulings in Philippine courts, addressing not just overt discrimination but also
unintentional biases. Government and judiciary must align with equal protection’s essence when
applying laws.

Republic Act No. 10627: Anti-Bullying Act of 2013 (in schools and workplaces)

 Objective: This legislation aims to protect individuals, especially students, from bullying
behaviors, ensuring a safe learning and working environment.

Provisions:

 All elementary and secondary schools are mandated to implement policies to

address the act of bullying in their institutions.

 Bullying, as defined by the law, includes any severe or repeated use of written,
verbal, or electronic expressions, or physical acts, that cause harm or apprehension.
  Schools are required to provide mechanisms for anonymous reporting of bullying
incidents.

 Schools failing to comply with the mandates of the law can face penalties, ranging
from administrative sanctions to the revocation of their license or accreditation.

Scope and Application: While primarily targeting schools, the spirit of the law encourages all
institutions, including workplaces, to foster environments free from bullying and harassment.

Labor and Employment

These laws seek to ensure fair treatment, equal opportunity, and a safe working environment for
everyone, regardless of gender, age, or other distinguishing characteristics. Two notable laws in this
category address discrimination against women in employment and bullying in schools and
workplaces.

Republic Act No. 6725: Strengthening the Prohibition on Discrimination Against Women with
Respect to Terms and Conditions of Employment

 Objective: This act aims to fortify the rights of women in the workforce, ensuring they are
treated on par with their male counterparts.

Provisions:

 Employers are prohibited from discriminating against women in matters of hiring,

promotion, training, or assignment.

 It is illegal to dismiss, discharge, or otherwise prejudice a woman employee for

reasons related to her gender or marital status.

 Employers are restricted from denying women employees benefits provided by law,
including maternity leave.

 Sanctions, including fines and imprisonment, are in place for employers found guilty
of violating the act.

 Scope and Application: The act applies to all employers, including those in the private
sector, government agencies, and educational institutions.

Gender Equality and Women’s Rights

In the Philippines, gender equality and the protection of women’s rights have been pivotal areas of
focus and legislative action. The country has witnessed the establishment of several laws, which
intend to fortify the rights of women and eliminate any forms of gender-based prejudice or harm.
Two prime examples of such laws are the Magna Carta of Women and the Safe Spaces Act.
Republic Act No. 9710: Magna Carta of Women

 Objective: A comprehensive women’s human rights law that seeks to eliminate

discrimination against women by recognizing, protecting, fulfilling, and promoting their
rights, especially marginalized women.

Provisions:

 Guarantees the civil, political, social, and cultural rights of women, particularly those
in marginalized sectors.

 Mandates the state to uphold women’s rights in cases of disasters, crises, and other
distressing situations.

 Advocates for equal treatment before the law, meaning women should benefit from
development and advancement equally with men.

 Addresses issues of violence against women, ensuring timely and responsive judicial
processes.

 Scope and Application: The law encompasses women from all walks of life, with particular
emphasis on those belonging to marginalized sectors.

Republic Act No. 11313: Safe Spaces Act (or “Bawal Bastos” Law)

 Objective: This legislation seeks to prevent gender-based sexual harassment from occurring
in streets, public spaces, online workplaces, and educational or training institutions.

Provisions:

 Identifies various forms of gender-based street and public spaces harassment,

including catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic,
homophobic, and sexist slurs.

 Requires establishments, particularly bars, restaurants, cinemas, malls, and

transportation terminals, to install clearly visible anti-sexual harassment warning
signs.

 Stipulates that violators face penalties ranging from community service, fines, or
even imprisonment depending on the gravity of the offense.

 Scope and Application: The law is applicable in various public and private spaces, ensuring
that women and members of the LGBTQ+ community can move freely without fear of
harassment or unwanted advances. It encourages a cultural shift, fostering respect and
dignity for all, regardless of gender or sexual orientation.

Rights of the Indigenous Peoples

The Philippines, with its rich cultural tapestry, is home to numerous indigenous groups, each with
unique traditions, languages, and practices. Recognizing the need to protect and preserve the rights
of these indigenous peoples (IPs), the Philippine government has promulgated laws to ensure that
IPs not only retain their cultural heritage but also enjoy the same rights and privileges as the rest of
the population. Among the most significant laws in this regard is the Indigenous Peoples’ Rights Act
of 1997 (IPRA).

Republic Act No. 8371: Indigenous Peoples’ Rights Act of 1997 (IPRA)

 Objective: To recognize, protect, and promote the rights of indigenous peoples, especially
their ancestral domains, cultural integrity, and socio-economic well-being.

Provisions:

Ancestral Domains and Lands: IPs secure ancestral domains, including land, air, and resources.

Self-Governance and Empowerment: Indigenous communities self-govern, pursue own

development.

Social Justice and Human Rights: State protects IPs, ensures rights, no discrimination.

Cultural Integrity: The state commits to preserve and protect the culture, traditions, institutions, and
sacred places of IPs.

 Scope and Application: This act covers all indigenous cultural communities or indigenous
peoples in the Philippines.