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DISCRIMINATION (ON GENDER, CHILD LABOR, AND THE

LIKES)
Introduction
Discrimination is defined to be an unfair treatment to one person or group, usually because of
prejudice about race, ethnicity, age, religion, or gender. This has been a rampant, unresolved, and
even unnoticed form of hate crime which has become a part of our day- to- day lives.
Discrimination has always been a prevalent day- to- day crime usually unseen or simply
dismissed as ordinary. Due to this matter, several anti- discrimination laws has been passed on
quite a lot of countries. Anti-discrimination laws refers to the law or laws on the right of people
to be treated equally. Some countries mandate that in employment, in consumer transactions and
in political participation people must be dealt with on an equal basis regardless of sex, age,
ethnicity, nationality, sexual orientation, gender identity and sometimes religious and political
opinions.
Having anti- discriminatory laws had huge impact on the lives of the people who are supposed to
be the recipient of such laws. For an instance, employment rates for disabled men in all age
categories, and disabled women under the age of 40, fell sharply after the Americans with
Disabilities Act of 1990. Dr. John Bound, professor of economics at the University of Michigan
inclines that part of the decrease may be attributed to expansion of Supplemental Security
Income (SSI) and Social Security Disability Insurance (SSDI) during the 1970s.

Discriminatory practices and includes the following:

(1) The exclusion from or failure or refusal to extend to any person equal opportunities or
any difference in the treatment of any person by reason of race, sex, sexual orientation,
gender identity, religion, color, nation original or ancestry, disability, age, or United
States military service veteran status or retaliation;

(2) The exclusion from or failure to extend to any person equal opportunities or any
difference in the treatment of any person, because the person filed a complaint alleging a
violation of Chapter 581, testified in a hearing before any members of the Equal
Opportunity Advisory Board, or otherwise cooperated with the Office of Equal

Opportunity or Equal Opportunity Advisory Board in the performance of its duties and
functions under Chapter 581.

(3) In the case of real estate broker or real estate who attempts to prevent, dissuade or
discourage any prospective purchaser, less or tenant of real estate from viewing, buying,
leasing or renting the real estate because of the race, sex, sexual orientation, gender
identity, religion, national origin, age, color, disability, ancestry, familial status, or United
States military service veteran status, or retaliation; or

(4) Making unavailable or denying the sale or rental of a dwelling to any buyer or renter, or the
refusal to extend to any person equal opportunities in the terms, conditions, or privileges of
the sale or rental of a dwelling or in the provision of services or facilities in connection with
the dwelling because of a disability of the buyer, renter, a person residing in or intending to
reside in the dwelling, or any person associated with the buyer or renter.

Statistical Evidence Abroad


Gender earnings gap or the concentration of men and women workers in different occupations or
industries in and of itself is notevidence of discrimination.Therefore, empirical studies seek to
identify the extent to which earnings differentials are due to worker qualification differences.
Many studies find that qualification differences do not explain more than a portion of the
earnings differences. The portion of the earnings gap that cannot be explained by qualifications is
then attributed to discrimination. One prominent formal procedure for identifying the explained
and unexplained portions of the gender wage differentials or wage gap is the Oaxaca-Blinder
decomposition procedure.
Another type of statistical evidence of discrimination is gathered by focusing
on homogenous groups. This approach has the advantage of studying economic outcomes of
groups with very similar qualifications.
In a well-known longitudinal study, the University of Michigan Law School (U.S.A.) graduates
were surveyed between 1987 and 1993, and later between 1994 and 2000 to measure the changes
in the wage gap.The group was intentionally chosen to have very similar characteristics.
Although the gap in earnings between men and women was very small immediately after
graduation, it widened in 15 years to the point that women earned 60 percent of what men
earned. Even after factoring in women's choice of working for fewer hours, and worker
qualifications and other factors, such as grades in law school and detailed work history data, in

2000 men were ahead of women by 11 percent in their earnings, which might be attributed to
discrimination.
Evidence from Experiments
Audit (or matched pairs) studies are done to examine hiring discrimination. In order to examine
racial discrimination, the Urban Instituterelied on a matched pairs study. They studied the
employment outcomes for Hispanic, white and black men who were between the ages 1925 in
the early 1990s. The job position was entry-level. Thus, they matched pairs of black and white
men and pairs of Hispanic and non-Hispanic men as testers. The testers applied for the advertised
openings for the new positions. All of the testers were given fabricated resumes where all
characteristics but their race/ethnicity was nearly identical. In addition, they went through
training sessions for the interviews. If both people in the pair were offered the job or if both were
rejected, the conclusion was there was no discrimination. However, if one person from the pair
was given the job while the other was rejected, then they concluded there was discrimination.
The Institute found out that black men were three times more likely to be refused for a job
compared to white men; while the Hispanic men were three times more likely to be
discriminated.
The Fair Employment Council of Greater Washington, Inc. did a similar test for women via
pairing testers by race.The study found that the white female testers had higher chances of call
back for interviews and job offers compared to black female testers. The percentage for
interviews was by 10 percent more for the white testers. Among those interviewed, 50 percent
white women were offered the job, while only 11 percent of black candidates received jobs
offers. The white testers were also offered higher pay for the same job in cases where the same
job was also offered to the black testers. The pay difference was 15 cents per hour more for the
white candidates. Furthermore, black women were "steered" toward lower level jobs, while white
women were even given some higher-level positions that were unadvertised.
A matched-pairs study of homogenous group audit experiment was done in the restaurants
in Philadelphia, United States. Pseudocandidates handed their resumes to a random worker in the
restaurants for the resume to be forwarded to the manager, which removed the effect of first
impression on the employer. Also, the resumes were written in a three-level scale based on the
qualifications of the pseudo applicants and resumes for each qualification level were delivered in
three separate weeks. The results showed that male applicants were favored significantly. Men
had higher interview callbacks or job offers. In addition, men did even better in high-pay
restaurants compared to low-pay ones. In the low-price restaurants, for each man who received a
job offer, the woman was rejected 29 percent of the time. There were no such cases where a man
did not get the job offer but a woman did. In the high-priced restaurants, when the man got an
offer, the woman was rejected 43 percent of the time. The same pattern that signaled
discrimination was observed for the interviews. At the high-priced restaurants, women had 40
percent less chance of being interviewed and 50 percent less chance of receiving the job.
Therefore, based on this study, it is correct to conclude discrimination in the same job may lead

to gender wage discrimination. Note the high-priced restaurants are more likely to offer higher
wages and higher tips for its workers compared to those with low prices.
Evidence from Court Cases
Darity and Mason [1998] summarize the court cases on discrimination, in which employers were
found guilty and huge awards were rewarded for plaintiffs. They argue that such cases establish
the existence of discrimination.The plaintiffs were women or non-whites (St. Petersburg Times,
1997; Inter Press Service, 1996; The Chicago Tribune, 1997; The New York Times, 1993; the
Christian Science Monitor, 1983; Los Angeles Times, 1996). Some examples are the following:
In 1997, the allegations for the Publix Super Markets were gender biases in on the job training,
promotion, tenure and layoff policies; wage discrimination; occupational segregation; hostile
work environment (St. Petersburg Times, 1997, pp. 77). In 1996, allegations for Texaco were
racially discriminatory hiring, promotion and salary policies (Inter Press Service, 1996; The
Chicago Tribune, 1997, pp. 77). The six black workers, who were the plaintiffs, gave the taped
racist comments of the white corporate officials as evidence (Inter Press Service, 1996; The
Chicago Tribune, 1997). In 1983, the General Motors Corporation was sued both for gender and
racial discrimination (the Christian Science Monitor, 1983). In 1993, the Shoney International
was accused of racial bias in promotion, tenure, and layoff policies; wage discrimination;
hostile work environment (The New York Times, 1993, pp. 77) . The victims were granted $105
million (The New York Times, 1993). In 1996, the plaintiffs of the Pitney Bowes, Inc. case were
granted $11.1 million (Los Angeles Times, 1996).
International Cases

However, where anti-discrimination legislation is in force, exceptions are sometimes included in


the laws, particularly affecting the military and religions.

In many nations with anti-discrimination legislation, women are excluded from holding certain
positions in the military, such as serving in a frontline combat capacity or aboard submarines.
The reason given varies; for example, the British Royal Navy cite the reason for not allowing
women to serve aboard submarines as medical and related to the safety of an unborn fetus, rather
than that of combat effectiveness.

Some religious organizations are exempted from legislation. For example, in Britain the Church
of England, in common with other religious institutions, has historically not allowed women to

hold senior positions despite sex discrimination in employment generally being illegal; the
prohibition was confirmed by a vote by the Church synod in 2012.

Selection of teachers and pupils in schools for general education but with a religious affiliation is
often permitted by law to be restricted to those of the same religious affiliation even
where religious discrimination is forbidden.
Philippine Laws with Regards to Discrimination
Constitution of the Republic of the Philippines provide that it is the policy of the State to
promote a just and dynamic social order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living and an improved quality of life.
In the Declaration of Principles and State Policies in Article II, Sections 10 and 11, it is further
declared that the State shall provide social justice in all phases of national development and that
the State values the dignity of every human person and guarantees full respect for human rights.
Numerous anti- discriminatory laws and conventions has also been spearheaded by the United
Nations and other international movement groups which has also been followed by various
countries like the United States, Canada, Australia, European Union, Hong Kong, Israel,
Philippines, and many more.
One good example is the Convention on the Elimination of All Forms of Discrimination
Against Women in 1979 which has also been replicated in many countries in order to strengthen
womens rights. This has been adopted in the Philippines through Republic Act 9710 otherwise
known as Magna Carta for Women. This has several salient provisions such as recognizing
womens rights as human rights, equal employment opportunities, special leave and privileges,
and gender development budget. This law is also being supplemented by numerous pro- women
acts like Women in Development and Nation Building Act (R.A. 7192), Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act (R.A. 7610), Violence
Against Women and their Children Act (R.A. 9262) and a lot more.
Such laws which specify womens value in the community and recognizing its contribution in
nation building has been favorable both to the government and non- government organizations
alike. We cannot deny the fact that there are women who hold notable office positions in the
government and womens contribution to the government workforce is essential for its spear for
a well- developed nation. There are also women groups who had outstanding influence in the
society such as the partylistGabriela which assist women who has been abused or discriminated.

Such partylist holds a very important position in the House of Representatives in behalf of all
Filipina.
Everal of its salient features include:

Increasing the number of women in third level positions in government to achieve a fiftyfifty (50-50) gender balance within the next five years while the composition of women
in all levels of development planning and program implementation will be at least 40
percent;
Leave benefits of two (2) months with full pay based on gross monthly compensation for
women employees who undergo surgery caused by gynecological disorders, provided that
they have rendered continuous aggregate employment service of at least six (6) months
for the last twelve (12) months;
Non-discrimination in employment in the field of military, police and other similar
services that include according the same promotional privileges and opportunities as their
men counterpart, including pay increases, additional benefits, and awards, based on
competency and quality of performance.
Provision for equal access and elimination of discrimination in education, scholarships,
and training. Thus, "expulsion, non-readmission, prohibiting enrollment, and other related
discrimination of women students and faculty due to pregnancy out of marriage shall be
outlawed.
Non-discriminatory and non-derogatory portrayal of women in media and film to raise
the consciousness of the general public in recognizing the dignity of women and the role
and contribution of women in family, community, and the society through the strategic
use of mass media;
Equal status given to men and women on the titling of the land and issuance of
stewardship contracts and patents.

This law mandates all government offices, including government-owned and controlled
corporations and local government units to adopt gender mainstreaming as a strategy for
implementing the law and attaining its objectives.
It also mandates (a) planning, budgeting, monitoring and evaluation for gender and development,
(b) the creation and/or strengthening of gender and development focal points, and (c) the
generation and maintenance of gender statistics and sex-disaggregated databases to aid in
planning, programming and policy formulation.
Other than that, we also have the Indigenous Peoples Rights Act of 1997 (R.A. 8371) which
protects the rights of indigenous people as well as their cultural diversity and integrity, ancestral

domains, ancestral claims and territories, customs and practices. This also promotes their rights
for education and equal opportunity in employment.
Specifically, Section 2 (d) of the said Act states that The state shall guarantee that members of
the IPs regardless of sex shall equally enjoy the full measure of human rights and freedom
without distinction or discrimination.
Meanwhile, Section 24- Unlawful acts pertaining to employment on (a) declares that To
discriminate against any IP with respect to the terms and conditions of employment on account
of their decent. Equal remuneration should be paid to both IP and non- IP for work of equal
value; and (b) To deny an IP employee any right or benefit herein provided for to discharge
them for the purpose of preventing them from enjoying any of the right or benefits provided
under this act.
There is also Magna Carta for Disabled Persons (R.A. 7277) which also promotes their right
to be employed with equal opportunity as to those who are abled, rights for formal and quality
education suitable for their physical capabilities as well as eligibility for financial assistance.
This act also promote health program for these citizens, medical rehabilitations, and other
auxiliary services.
Differently abled persons are being discriminated because people usually question their
capabilities of doing things just by simply looking at their physical conditions.
A significant segment of the Philippine population comprises the PWDs. Based on 2000
National Statistics Office (NSO) Census, out of the total Philippine population of about 80
million (76,506,928), almost one (1) million (942,098) are PWDs. More than half (58.13%) of
them belong to the working age group of 15 years old and over.
In the Philippines, persons with disability are those suffering from restriction or different
abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the
manner or within the range considered normal for a human being.
Their impairment makes them vulnerable to access to economic activities and productive
employment as well as to services and opportunities that are basic for human development.
These international principles and guidelines have been translated into national policies through
pieces of Philippine legislations. The overall mandate comes from the 1987 Philippine
Constitution which provides that the State shall establish a special agency for disabled person
for their rehabilitation, self-development, self- reliance and their integration into the mainstream
of society.

The law is the most comprehensive legislation of the Philippines for PWDs. Passed in 1992, the
Act mandates the rehabilitation, self-development and self-reliance of PWDs and their
integration into the mainstream of society.
Salient provisions of the code:
It has specific provisions on the rights and privileges of PWDs to employment, education, health,
auxiliary social services, telecommunications, accessibility, and political and civil rights.
Section 5 of the said law provides for equal opportunities for employment for PWDs. It states
that no persons with disabilities shall be denied access to opportunities for suitable
employment.
The same terms and conditions of employment, compensation, allowances, privileges, and
benefits shall be given to a qualified employee with disability as given to a qualified able-bodied
person. To ensure its enforcement, the law identified specific government agencies responsible
for the formulation of programs and services and its implementation.
With regards to our elderly citizens, Republic Act No. 7876 entitled "Senior Citizens Center Act
of the Philippines" and Republic Act No. 9994 otherwise known as Expanded Senior Citizens
Act of 2010 has been created.
It defines a senior citizen as one who is at least 60 years old. It mandates the establishment of a
senior citizens center in each city or municipality which shall provide trainings and work
opportunities, health care services and medication discounts, and other related services to senior
citizens.
Article XIII, Section 11 of the Constitution provides that the State shall adopt an integrated and
comprehensive approach to health development which shall endeavor to make essential goods,
health and other social services available to all the people at affordable cost. There shall be
priority for the needs of the underprivileged, sick, elderly, disabled, women and children.
Article XV, Section 4 of the Constitution Further declares that it is the duty of the family to take
care of its elderly members while the State may design programs of social security for them.
"Consistent with these constitutional principles, this Act shall serve the following
objectives:
(a) To recognize the rights of senior citizens to take their proper place in society
and make it a concern of the family, community, and government;

(b) To give full support to the improvement of the total well-being of the elderly
and their full participation in society, considering that senior citizens are integral
part of Philippine society;
(c) To motivate and encourage the senior citizens to contribute to nation
building;
(d) To encourage their families and the communities they live with to reaffirm
the valued Filipino tradition of caring for the senior citizens;
(e) To provide a comprehensive health care and rehabilitation system for
disabled senior citizens to foster their capacity to attain a more meaningful and
productive ageing; and
(f) To recognize the important role of the private sector in the improvement of
the welfare of senior citizens and to actively seek their partnership.
With regards to nursing the young and performing the responsibilities of a parent to a new-born,
not only women have the benefit of maternity leave with the proliferation of Republic Act No.
8187 - entitled "Paternity Leave Act of 1997".
It grants a seven-day paternity leave with pay to male workers (up to four children). It imposes a
penalty of six months imprisonment or a fine of P25,000.00 or both at the discretion of the court
for violations thereof.

On the case children recruited for work, there is Republic Act No. 7658 entitled "The Anti-Child
Labor Law". This law amended Sections 12 to 16, Article VII of Republic Act No. 7610, entitled
"Special Protection of Children Against Child Abuse, Exploitation and Discrimination". The
aforementioned act criminalizes child labor with a penalty of imprisonment of three years or a
fine of P10, 000.00 or both at the discretion of the court.
In Puerto Princesa scenario, based on the report of the City PNP for the past five years, there
have been 41 cases of reported child abuse; 5 of which were about serious illegal detention due
to under- age employment. But these were just the reported incidents because the Women and
Childrens Protection Desk (WCPD) of the said station indicts that most of child- labor related
cases in the city were unreported and has been tolerated by the parents of the children.
Conclusion

The 1987 Constitution contains provisions which promote and protect the rights of workers. But
labor law violations continue. In order to minimize these, we as people should also be vigilant on
our rights as well as learn to respect the rights of other people.
Take into consideration what is stated in Article 19 of the Civil Code of the Philippines which
says, Every person must in the exercise of his rights and in the performance of his duties
act with justice, give everyone his due, and observe honesty and good faith.
It does not take a person to be so knowledgeable on the existing laws to be able to learn the
nature of respect upon other peoples rights. It also depends on our upbringing and the mindset of
the people around us.
Being sensitive and sensible at the same time is the key. Parents should be able to adapt
sensitivity and sensibility in racing their children. Teach them to be gender sensitive; respect
others opinion, race, color, age, or religion. Children who grew up seeing their parents practicing
these manners also have the tendency to adapt it and practice it also in their day- to day lives.
Thus, these little contributions will gradually help eradicate discrimination.
The issues raised in the Philippine Human Rights Plan of 1995 must be given a more serious
look by Government, Management, and Labor in the spirit of tripartite consultation.
The social teaching of several religious groups also contribute to abate discrimination, because as
we can see, a sects point of view or dislike towards other religious group or sect also contribute
to this acumen.