The Legal Environment: Equal Employment Opportunity and Safety

Vocabulary flashcards defining key legal institutions, constitutional processes, theories of discrimination, and safety statutes based on the legal environment of human resource management.

Equal Employment Opportunity (EEO)

The government's attempt to ensure that all individuals have an equal chance for employment, without discrimination, based on unrelated personal characteristics such as race, color, religion, sex, age, disability, or national origin.

Legislative Branch

The branch of government consisting of Congress (Senate and House of Representatives) that creates labor and employment laws, establishes minimum wages, and protects workers' rights.

Executive Branch

The branch of government comprising the President and administrative agencies (such as DOLE, DOH, SSS, and BIR) that enforces laws, issues implementing rules, and conducts workplace inspections.

Judicial Branch

The branch of government consisting of courts and tribunals (such as the Supreme Court, Labor Arbiters, and NLRC) that interprets laws, resolves employment disputes, and establishes legal precedents.

Department of Labor and Employment (DOLE)

The primary Philippine government executive agency responsible for enforcing labor laws, monitoring compliance, investigating labor complaints, and overseeing occupational safety standards.

Commission on Human Rights (CHR)

A Philippine government agency that investigates complaints of workplace discrimination and advocates for human rights and equality in employment.

Philippine Commission on Women (PCW)

A Philippine government agency dedicated to promoting gender equality and protecting women's rights in the workplace.

National Council on Disability Affairs (NCDA)

A Philippine agency tasked with promoting the inclusion of persons with disabilities in employment and other societal opportunities.

Constitutional Amendment

A formal change to the 1987 Constitution of the Philippines that modifies, adds, or removes specific constitutional provisions without altering its basic framework.

Constitutional Revision

A change that involves a substantial or fundamental alteration to the Constitution or its basic governmental structure.

People's Initiative

A constitutional amendment method where citizens directly propose changes via a petition signed by at least $12\%$ of registered voters nationwide, with at least $3\%$ in every legislative district.

Plebiscite

A public vote in which proposed constitutional amendments or revisions must be ratified by a majority of votes cast, typically held within $60$ to $90$ days after approval.

Disparate Treatment

A theory of employment discrimination occurring when an employer intentionally treats an applicant or employee less favorably because of a protected characteristic.

Disparate Impact

A theory of employment discrimination occurring when an employer applies a facially neutral rule or policy that disproportionately disadvantages a protected group without legitimate justification.

Mixed-Motive Discrimination

A discrimination theory where an employment decision is driven by both legitimate performance/business reasons and illegal discriminatory motives.

Prima Facie Case

An initial evidentiary showing made by a complainant demonstrating membership in a protected class, qualification for the role, adverse employment action, and surrounding circumstances suggesting discrimination.

Pretext

A false or secondary justification presented by an employer to mask an underlying discriminatory motive for an employment action.

Utilization Analysis

A comparative analysis of the demographic composition (race, sex, ethnicity) of an employer's workforce against the available labor market.

Goals and Timetables

The section of an affirmative action plan specifying the target percentages of women and minorities an employer aims to hire in specific job categories and the target completion date.

Action Steps

The written strategies in an affirmative action plan detailing specific actions an employer will execute to correct underutilization of protected groups.

Reasonable Accommodation

Modifications or adjustments to facilities and job practices enabling qualified individuals with disabilities to perform essential job functions.

Republic Act No. 11058

The Occupational Safety and Health (OSH) Law in the Philippines, establishing worker safety rights and mandating safe, hazard-free workplace standards.

HIRAC

Hazard Identification, Risk Assessment, and Control; an essential operational mechanism required under an employer's Occupational Safety and Health Program.

Title VII of the Civil Rights Act of 1964

A foundational U.S. federal law forbidding employment discrimination based on race, color, religion, sex, or national origin.

Equal Pay Act of 1963

A U.S. federal law requiring that men and women performing equal work in the same establishment receive equal pay.

Age Discrimination in Employment Act of 1967

A law prohibiting employment discrimination directed against individuals who are $40$ years of age or older.

Rehabilitation Act of 1973

A federal statute mandating affirmative action in hiring individuals with disabilities for federal agencies and contractors with contracts exceeding $\$2,500$.

Republic Act No. 9710

The Magna Carta of Women in the Philippines, guaranteeing gender equality and prohibiting sex discrimination in work and training opportunities.

Republic Act No. 7877

The Anti-Sexual Harassment Act of 1995 in the Philippines, prohibiting sexual harassment in employment, education, and training environments.