Dear Attorney,

I hope this message finds you well. I am writing to seek your advice regarding a situation I recently encountered. After signing a job offer from a company, I disclosed that I am pregnant. Shortly after, the company decided not to proceed with my employment. I am concerned that this decision might be unjust or even unlawful.

Could you kindly provide me with insights into whether such an action is permissible under Philippine labor laws and what my rights are in this situation? Your expertise and guidance on this matter would be greatly appreciated.

Sincerely,
A Concerned Job Applicant

Comprehensive Analysis on the Legality of Employment Discrimination Due to Pregnancy in the Philippines

Under Philippine law, it is crucial to address whether an employer’s refusal to proceed with employment due to pregnancy constitutes unlawful discrimination. This issue intersects with constitutional guarantees, labor laws, and international conventions to which the Philippines is a signatory.

Constitutional Foundations

The 1987 Philippine Constitution establishes a strong foundation for protecting workers, particularly women, from unjust discrimination. Article XIII, Section 3, emphasizes that the State shall ensure workers’ rights to security of tenure and humane working conditions. Moreover, the Constitution mandates the protection of women’s health and the establishment of gender-sensitive policies (Article II, Section 14).

Any act that discriminates against a pregnant woman potentially undermines these constitutional principles.

Relevant Labor Laws and Provisions

Labor Code of the Philippines

The Labor Code of the Philippines (Presidential Decree No. 442) contains several provisions aimed at protecting pregnant women from unfair treatment:

Article 135 prohibits employers from discriminating against women based on their sex, including marital status and pregnancy. An employer’s decision to revoke or fail to honor an offer of employment due to a woman’s pregnancy would likely fall under this prohibition.
Security of Tenure (Article 279): While this article primarily applies to regular employees, its principles extend to ensuring that probationary or newly hired employees cannot be arbitrarily dismissed without just cause or due process. Pregnancy is not considered a just cause for termination or non-fulfillment of an employment offer.

The Magna Carta of Women (Republic Act No. 9710)

The Magna Carta of Women strengthens gender equality by addressing systemic discrimination against women in all spheres, including the workplace. Section 22 provides that the State shall ensure women’s right to decent work and equal treatment, prohibiting discrimination on the basis of pregnancy or family responsibilities.

This law complements the Labor Code’s prohibition on gender-based discrimination, explicitly affirming that women cannot be denied employment or other work opportunities on account of their pregnancy.

Republic Act No. 11313 (Safe Spaces Act)

The Safe Spaces Act emphasizes protection from gender-based discrimination in all spaces, including workplaces. Employers are required to foster an environment of inclusivity and fairness. Denial of employment opportunities due to pregnancy could be seen as a violation of these principles, given that pregnancy is inherently linked to gender.

International Conventions and Obligations

The Philippines is a signatory to international agreements that prohibit discrimination on the basis of pregnancy:

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): This treaty obligates the Philippines to eliminate discrimination against women in employment, ensuring equal opportunities and protection during maternity.
International Labour Organization (ILO) Conventions:
- ILO Convention No. 183 (Maternity Protection): Promotes the rights of pregnant workers and prohibits discrimination based on maternity.
- ILO Convention No. 111 (Discrimination in Employment and Occupation): Prohibits discrimination based on sex, which includes pregnancy-related matters.

By ratifying these conventions, the Philippines has affirmed its commitment to uphold the principles they espouse, integrating them into domestic labor policies.

Analysis of the Concern

Legality of Withdrawing the Job Offer

An employer who withdraws a job offer solely because of pregnancy is likely engaging in discriminatory practice, which is impermissible under Philippine law. The applicant, having signed the job offer, establishes a mutual agreement between the employer and the applicant. Pregnancy, in itself, is not a lawful basis to rescind such an agreement.

Employers may argue that pregnancy affects a candidate's ability to perform specific job duties, especially in physically demanding roles. However, any such claim must be substantiated with evidence and must not be rooted in stereotypes or generalized assumptions about pregnant women’s abilities.

Burden of Proof

Under Philippine labor jurisprudence, the burden of proof often rests on the employer to justify actions perceived as discriminatory. If an employer rescinds a job offer, they must demonstrate that the decision was based on legitimate, non-discriminatory reasons unrelated to the applicant's pregnancy.

Remedies and Legal Recourse

Filing a Complaint with the Department of Labor and Employment (DOLE)

An aggrieved party may file a complaint with the DOLE under its mandate to address violations of labor laws. DOLE may facilitate mediation or conciliation to resolve disputes between employees and employers.

Pursuing a Case Before the National Labor Relations Commission (NLRC)

If no amicable resolution is achieved, the applicant may escalate the matter to the NLRC. Discrimination on the basis of pregnancy could give rise to claims for:

Moral damages: For the emotional distress caused by the discriminatory act.
Nominal damages: For the violation of the applicant’s rights.
Reinstatement or compensation: If the job offer is deemed unlawfully rescinded.

Civil and Criminal Remedies

Under the Civil Code of the Philippines, the applicant may file a claim for damages arising from breach of contract. If the act of discrimination is egregious, criminal charges under anti-discrimination laws could also be pursued.

Practical Recommendations

Document the Incident: The applicant should maintain all communication with the employer, including the signed job offer, correspondence disclosing the pregnancy, and any notices of rescission.
Seek Legal Representation: Consulting a lawyer experienced in labor law is essential to assess the strength of the claim and navigate the legal process effectively.
Engage in Dialogue: Where possible, engaging the employer in dialogue could resolve misunderstandings without resorting to litigation.

Conclusion

Withdrawing a job offer due to pregnancy constitutes a clear violation of the constitutional and statutory rights of women workers in the Philippines. Philippine labor laws, reinforced by international conventions, categorically prohibit discrimination based on pregnancy. Affected individuals should not hesitate to assert their rights through appropriate legal channels, ensuring accountability and adherence to fair employment practices.