Legal Issues in Employee Selection: US and Philippines Comparison

This flashcard set covers legal concepts relevant to employee selection, comparing United States federal law (EEOC, Title VII, FMLA) with the Philippine Labor Code (NLRC, R.A. laws, and Security of Tenure).

Equal Employment Opportunity Commission (EEOC)

The branch of the U.S. Department of Labor charged with investigating and prosecuting complaints of employment discrimination.

Grievance System

An internal organizational process where an employee files a complaint and a person within the organization makes a decision regarding that complaint.

Mediation

A dispute resolution method where a neutral third party helps two parties reach a voluntary agreement.

Arbitration

A dispute resolution method where a neutral third party chooses which side is correct.

Binding Arbitration

An arbitration process where neither party is allowed to appeal the decision, making the arbitrator's choice final and enforceable.

Case Law

The interpretation of law by a court through a verdict in a trial, which sets a precedent for subsequent court decisions.

National Labor Relations Commission (NLRC)

The Philippine agency that serves as the closest parallel to the U.S. EEOC and courts for resolving unresolved labor disputes.

Protected Class

Any group for whom protective legislation has been passed by a governing body.

Bostock v. Clayton County (2020)

The U.S. Supreme Court case which ruled that Title VII's definition of 'sex' also covers sexual orientation and gender identity.

Age Discrimination in Employment Act (ADEA)

A U.S. law that protects workers aged $40$ and older from discrimination in hiring, promotion, layoffs, and pay.

Americans with Disabilities Act (ADA)

A $1990$ act, amended in $2008$, protecting qualified individuals with disabilities in organizations with $15$ or more employees.

Disability

A physical or mental impairment that substantially limits a major life activity, a record of such an impairment, or being regarded as having one.

Reasonable Accommodation

Changes provided by an employer, such as adapted materials or modified work stations, to allow an individual with a disability to perform essential job functions.

Bona Fide Occupational Qualification (BFOQ)

A selection requirement necessary for the performance of job-related duties for which there is no substitute.

Adverse Impact

A condition where a facially neutral employment practice results in a substantially lower selection rate for a protected class compared to the majority class.

Four-fifths Rule

A practical significance test where adverse impact is found if the selection ratio for one group is less than $80_{}\%$ of the selection ratio of another group.

Anti-Age Discrimination in Employment Act (R.A. 10911)

A Philippine law that bans age bias in hiring and promotion, serving as a parallel to the U.S. ADEA.

Quid Pro Quo

A type of sexual harassment where granting sexual favors is tied to an employment decision, such as hiring or promotion.

Hostile Environment

A type of harassment involving a pattern of unwanted conduct related to gender that interferes with work performance.

Anti-Sexual Harassment Act (R.A. 7877)

A Philippine law from $1995$ declaring sexual harassment unlawful in employment, education, or training environments.

Safe Spaces Act (R.A. 11313)

Also known as 'Bawal Bastos,' this $2019$ Philippine law expanded harassment coverage to include peer-to-peer conduct and gender-based harassment in public spaces and online.

Family and Medical Leave Act (FMLA)

A U.S. law entitling eligible employees to a minimum of $12_{}\text{ weeks}$ of unpaid leave per year for specific family or medical reasons.

R.A. 11210

A Philippine law that grants $105_{}\text{ days}$ of paid maternity leave.

Solo Parents’ Welfare Act (R.A. 8972)

A Philippine law granting qualified solo parents $7_{}\text{ workdays}$ of paid parental leave per year and flexible work arrangements.

Affirmative Action

The process of ensuring proportional representation of employees based on variables such as race and gender.

Data Privacy Act (R.A. 10173)

A $2012$ Philippine law protecting personal information processed by government and private-sector organizations.

Apprenticeship

A practical and theoretical training arrangement under a written agreement, capped at $6_{}\text{ months}$, with a minimum age of $14$.

Night-shift Differential

In the Philippines, an extra pay premium of at least $10_{}\%$ for work performed between $10\text{:00 PM}$ and $6\text{:00 AM}$.

Collective Bargaining Agreement (CBA)

The negotiated contract between an employer and a certified union.

Security of Tenure

The right of a regular employee in the Philippines not to be dismissed without just or authorized cause.

Just Cause

Employee-fault grounds for dismissal in the Philippines, such as serious misconduct, fraud, or gross neglect.

Authorized Cause

Business-necessity grounds for dismissal in the Philippines, such as redundancy, retrenchment, or closure, which require separation pay.

Single Entry Approach

A mandatory $30_{}\text{ day}$ conciliation-mediation gate for nearly all labor and employment disputes in the Philippines before they can be taken to a Labor Arbiter.