Chapter 2

• What do legal issues in employment encompass?

  Legal issues pervade almost all aspects of employment from recruitment to separation.
• What do HRM laws address?

  HRM laws tackle a variety of legal issues related to employment practices and discrimination.
• What areas can employment discrimination relate to?

  Employment discrimination can relate to age, sex, race, and other factors.
• What is employment discrimination?

  Employment discrimination is the unjust treatment of individuals based on age, race, gender, and religious beliefs.
• What should firms be cautious about during recruitment?

  Firms should be cautious not to infringe anti-discrimination laws during recruitment.
• What is the goal of anti-discrimination laws?

  The goal is to ensure equal chances for individuals seeking employment.
• What does "bona fide occupational requirement" mean?

  It means the company must prove that a job requirement is essential.
• When can a fitness center hire only women for a specific job without being discriminatory?

  When it establishes a bona fide occupational requirement for the role.
• What uncertainties may arise even with bona fide occupational requirements?

  Uncertainties remain regarding specific hiring practices and their compliance with discrimination laws.
• Is it discriminatory for an advertising agency to seek a male model around 60 years old for an advertisement aimed at older men?

  It may not be discriminatory if the requirement is relevant to the advertisement's target audience.
• Is it discriminatory for a business to refuse to hire an overweight applicant as a receptionist?

  It could be considered discriminatory if the weight does not affect job performance.
• Would a bank be discriminating if it refused to hire an applicant based on their appearance?

  It may be discriminatory if the appearance does not impact job performance.
• What are the two categories of people protected by Equal Employment Opportunity (EEO) Laws?

  1. Protected Classifications

  • Categories protected against discrimination based on age, gender, skin color, ethnicity, and disability.

  1. Protected Groups

  • Sub-categories within each protected classification (e.g., white, black, brown under skin color).
• How does the court define intentional discrimination?

  Intentional discrimination is when an employer intentionally treats an individual differently based on criteria.
• What is unintentional discrimination or disparate impact?

  It is an indirect type of discrimination where a policy gives unequal chances to individuals from various protected groups.
• What is the difference between Equal Employment Opportunity and Affirmative Action?

  • Equal Employment Opportunity: Ensures everyone has an equal chance of employment based on qualifications.
  • Affirmative Action: Requires employers to take steps to provide fair chances for protected groups to eliminate past discrimination effects.
• What is Republic Act No. 7277 in the Philippines?

  It is an act providing for the rehabilitation and self-reliance of disabled persons.
• How are disabled persons defined under Republic Act No. 7277?

  Disabled persons are those with restrictions due to mental, physical, or sensory impairments.
• What does Section 5 of Republic Act No. 7277 state about employment opportunities for disabled persons?

  No disabled person shall be denied access to suitable employment opportunities.
• What percentage of positions in certain government departments must be reserved for disabled persons?

  Five percent (5%) of all casual, emergency, and contractual positions must be reserved.
• What is the purpose of sheltered employment for disabled persons?

  Sheltered employment aims to provide suitable work when open employment is unavailable.
• What does Section 7 of Republic Act No. 7277 state about apprenticeships for disabled persons?

  Disabled persons are eligible as apprentices if their handicap does not impede job performance.
• What incentives are provided to employers who hire disabled persons?

  Employers can receive tax deductions for hiring disabled persons and modifying facilities for accessibility.
• What is the role of the Department of Social Welfare and Development regarding vocational rehabilitation?

  It designs and implements training programs to develop skills for disabled persons.
• What does the Anti-Sexual Harassment Act of 1995 declare unlawful?

  All forms of sexual harassment in employment, education, or training environments are declared unlawful.
• How is sexual harassment defined in the Anti-Sexual Harassment Act?

  Sexual harassment is a request for sexual favor from someone in authority, affecting employment opportunities.
• What is the employer's duty regarding sexual harassment?

  The employer must prevent and deter sexual harassment and provide procedures for investigation.
• What are the two types of sexual harassment?

  Quid pro quo and hostile environment are the two types of sexual harassment.
• What is quid pro quo sexual harassment?

  Quid pro quo sexual harassment occurs when a manager demands sexual intimacy in exchange for employment.
• What constitutes a hostile environment in the workplace?

  A hostile environment is created when unsolicited actions interfere with an employee's performance and well-being.
• What does the Wage Rationalization Act of 1989 regulate?

  The Wage Rationalization Act regulates wages in the Philippines.
• What is the aim of the Wage Rationalization Act?

  The aim is to promote objective appraisal of jobs based on work performed and cooperation between employers and workers.
• What does the Wage Rationalization Act spell out?

  It spells out the manner for determining rates of remuneration.
• What type of sexual harassment involves a manager demanding sexual intimacy from a subordinate in exchange for employment?

  Quid pro quo sexual harassment
• What constitutes a hostile work environment?

  Unsolicited criticisms and actions that interfere with an employee's performance and well-being
• Who else, besides the target of harassment, can be considered victims in a hostile work environment?

  Other workers who have witnessed or heard about the harassment
• What types of behavior can create a hostile work environment?

  Vulgar words, nude pictures, swearing, and other offensive statements
• What does the Wage Rationalization Act of 1989 in the Philippines regulate?

  The question of wages
• What is the primary aim of the Wage Rationalization Act of 1989?

  To promote objective appraisal of jobs based on work performed
• What does the Women in Development and Nation Building Act of 1992 aim to achieve?

  Integration of women as full and equal partners with men in development