Thursday, January 5, 2012

Anti-Discrimination Act (SB 1326)

AN ACT
TO ESTABLISH CRIMINAL LIABILITY FOR UNLAWFUL DISCRIMINATION
BASED ON DISPARATE TREATMENT
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Anti-Discrimination Act.”
 
SECTION 2. Criminal Liability. - An employer who intentionally treats an employee worse than another because of that person’s race, gender, or religion, shall, upon first conviction, be guilty of a misdemeanor and punishable by a fine not to excess Twenty Thousand Pesos (P20,OOO.OO) if an individual or Two Hundred Thousand Pesos (P200,OOO.OO) if a corporation. A subsequent conviction of a defendant under this Section regarding conduct within five (5) years of the first conviction shall be a felony punishable by a fine not to exceed Forty Thousand Pesos (P40,OOO.OO) if an individual, or Four Hundred Thousand Pesos (P400,OOO.OO) if a corporation, and imprisonment not to exceed six (6) months, or both, if that subsequent conviction is determined by the court to involve conduct substantially similar to the conduct of
the first offense.
 
SECTION 3. Treatment. - An employer is deemed to have committed criminal liability if such employer shall commit any of the unfair labor practices enumerated in the Labor Code, deprive an employee of benefits and privileges accorded to other employees of similar rank or status or any other similar acts.

SECTION 4. Sepavability Clause. - If any provisions or part hereof, is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
 
SECTION 5. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provision of this Act is hereby repealed, modified, or amended accordingly.
 
SECTION 6. Efectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
 
Approved.
 



No comments: