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McGraw-Hill/Irwin Copyright © 2014 by the McGraw-Hill Companies, Inc. All rights reserved.
LEARNING OUTCOMES
 Explain how the three branches of government
regulate human resource management.
 Summarize the major laws requiring equal
employment opportunity.
 Identify agencies that enforce equal
employment opportunity, and describe the
role.
 Understanding the employee rights
 Define sexual harassment, and tell how
employers can eliminate or minimize it.
 Understanding the PWD law and OSHA law
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Regulation of HRM

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Equal Employment Opportunity (EEO)

 Equal employment Federal government’s

opportunity (EEO)– efforts in this area
condition in which all include:
individuals have an  constitutional
equal chance for amendments
employment, regardless  Legislation
of their race, color,  executive orders
religion, sex, age,  court decisions
disability, or national
origin.

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Table 3.1: Summary of Major EEO
Laws and Regulations

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The Government’s Role in Providing
For EEO: (EEOC)
 Responsible for enforcing most of EEO laws.
 Investigates and resolves complaints about discrimination
 Gathers information
 Issues guidelines
 Monitors organizations’ hiring practices
 Complaints must be filed within 180 days of
incident.
 EEOC has 60 days to investigate complaint.

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REPUBLIC ACT NO. 10524
 An act expanding the positions reserved for
persons with disability, amending for the purpose
republic act no. 7277, as amended, otherwise
known as the magna carta for persons with
disability.
 SECTION 1. Equal Opportunity for Employment –

Section 5 of Republic Act No. 7277, as amended is

hereby amended to read as follows:
“Sec. 5. Equal Opportunity for Employment – No
person with disability shall be denied access to
opportunities for suitable employment. A qualified

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Employee with disability shall be subject to the
same terms and conditions of employment and
the same compensation, privileges, benefits,
fringe benefits, incentives or allowances as a
qualified able bodied person.
“At least one percent (1%) of all positions in all
government agencies, offices or corporations
shall be reserved for persons with disability:
Provided That private corporations with more
than one hundred (100) employees are
encouraged to reserve at least one percent
(1%) of all positions for persons with diability
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OFFICES/AGENCIES IN-
CHARGE FOR
IMPLEMENTING THE EEO
 Department of Labor and Employment (DOLE)
 Civil Service Commission (CSC)
 National Council on Disability Affairs (NCDA)
 The Governance Commission for Government-
Owned Corporations (GCG)
 Department of Health (DOH)
 Department of Social Welfare and
Development (DSWD)
 Bureau of Internal Revenue

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EMPLOYEE RIGHTS AT THE
WORKPLACE
 Right to be free from discrimination and
harassment of all types;
 Right to a safe workplace free of
dangerous conditions, toxic substances,
and other potential safety hazards;
 Right to be free from retaliation for filing
a claim or complaint against an employer
(sometimes called whistleblower rights);
 Right to fair wages for work performed.

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Businesses’ Role in Providing for EEO:
Avoiding Discrimination
Bona Fide Occupational
Disparate Treatment Qualification (BFOQ)

Differing treatment of A necessary (not merely

individuals based on the preferred) qualification
individuals’ race, color, for performing a job.
religion, sex, national The Supreme Court has
origin, age, or disability ruled that BFOQ’s are
status. limited to policies
directly related to a
worker’s ability to do
the job.
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Businesses’ Role in Providing for EEO:
Avoiding Discrimination
Disparate Impact Four-Fifths Rule

A condition in which
• Rule of thumb that finds
employment evidence of
practices are discrimination if an
seemingly neutral yet organization’s hiring rate
disproportionately for a minority group is
exclude a protected less than four-fifths the
group from
hiring rate for the
employment
majority group.
opportunities.

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Avoiding Discrimination
Reasonable Accommodation- employer’s obligation to
do something to enable an otherwise qualified person
to perform a job.
 Companies should recognize needs based on individuals’ religion
or disabilities.
 Employers may need to make such accommodations as adjusting
work schedules or dress codes, making the workplace more
accessible, or restructuring jobs.

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Avoiding Discrimination
Sexual Harassment- unwelcome sexual advances,
requests for sexual favors, and other verbal or physical
contact of a sexual nature when:
1. Submission to such conduct is made explicitly or implicitly a
term of condition of an individual’s employment,
2. Submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such
individual, or
3. Such conduct has the purpose of effect of unreasonably
interfering with an individual’s work performance or creating an
intimidating, hostile, or offensive working environment.

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Avoiding Discrimination
• Organizations can prevent sexual
harassment by:
– Developing and communicating a policy that
defines and forbids it
– Training employees to recognize and avoid this
behavior
– Providing a means for employees to complain and
be protected

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Workplace Safety: Occupational Safety and
Health Act (OSH Act)
 Authorizes federal government to
establish and enforce occupational safety
and health standards for all places of
employment engaging in interstate
commerce.
• Established (OSHA). Responsible for:
– Inspecting employers
– Applying safety and health standards
– Levying fines for violation

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REPUBLIC ACT NO. 11058
 An act strengthening compliance with
occupational, safety and health
standards and providing penalties for
violations thereof

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DECLARATION OF POLICY
 SECTION 1. The State affirms labor as a primary
social and economic force, and that a safe and
healthy workforce is an integral aspect of nation
building.
 The State shall ensure a safe and healthful
workplace for all working people by affording them
full protection against all hazards in their work
environment. It shall ensure that the provisions of
the Labor Code of the Philippines, all domestic
laws, and internationally-recognized standards on
occupational safety and health are being fully

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Enforced and complied with by the employers, and
it shall provide penalties for any violation thereof.
The State shall protect every worker against

injury, sickness or death through safe and healthful

working conditions thereby assuring the
conservation of valuables manpower resources and
the prevention of loss or damage to lives and
properties consistent with national development
goals, and with the State’s commitment to the total
development of every worker as a complete human
being.

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 The State, in protecting the safety and
health of the workers, shall promote
strict but dynamic, inclusive, and
gender-sensitive measures in the
formulation and implementation of
policies and programs related to
occupational safety and health.

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ACTIVITY (Individual)
 SELF-ASSESSMENT EXERCISE
1. A man cannot be the victim of sexual

harassment.
2. The harasser can only be the victim’s manager

or a manager in another work area.

3. Sexual harassment charges can be filed only by

the person who directly experiences the

harassment.
4. The best way to discourage sexual harassment is

to have a policy that discourages employees

from dating each other.

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5. Sexual harassment is not a form of sex
discrimation.
6. After receiving a sexual harassment
complaint, the employer should let the
situation cool off before investigating the
complaint.
7. Sexual harassment is illegal only if it
results in the victim being laid off or
receiving lower pay.

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GROUP ACTIVITY
 AIRBNB CONTINUES TO ADDRESS DIVERSITY
CHALLENGE
 QUESTIONS:
1. What legal problems could a company
such as AirBnb experience as a result of
hiring and promoting only small percentages
of women and minorities?
2. If you were an HR manager at AirBnb,
what other measures would you recommend
the company take in order to comply with the
law and meet strategic goals for diversity?
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