1. SEXUAL DISCRIMINATION AGAINST WOMEN IN THE WORKPLACE

2. PT & T VS. NLRC, G.R. NO
MAY 23,1997

3. FACTS
Employee Grace de Guzman alleges that her employer, Philippine Telegraph and Telephone Company terminated her employment services because of the reason that she contracted marriage during her employment with the said company. The company has an existing policy of prohibiting female employees from getting married during their employment.

4. FACTS
Grace De Guzman claims that she was discriminated against in gross violation of law, particularly Article 136 of the labor code, the constitution and other existing law.

5. ISSUE
Whether or not Employer PT & T violated Article 136 of the labor code, the constitution and other existing laws when it dismissed De Guzman on account of her marriage status.

6. HELD/DECISION
The employer’s policy is not only in derogation of the provisions of Article 136 of the Labor code on the right of a woman to be free from any kind of stipulation against marriage in connection with her employment, but it likewise assaults good morals and public policy, tending as it does to deprive a woman of the freedom to choose her status, a privilege that by all accounts inheres in the individual as an intangible and inalienable right.

7. HELD/DECISION
Article 136 of the Labor Code provides: “It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of marriage.”

8. HELD/DECISION
Furthermore, Section 14, Article 11 on the declaration of principles and state policies, expressly recognizes the role of women in nation building and commands the state to ensure at all times, the fundamental equality before the law of women and men.

9. HELD/DECISION
Similarly, Section 14 of Article XIII mandates that the state shall protect working women through provisions for opportunities that would enable them to reach their full potential.

10. Thank you for your attention.
Edgar Tomino Eva Jackie Lou S. Lackias Geverlyn Sacley Jayr Martin