Gender Equality in the Workplace: An Analysis of Republic Act No. 6725 and its Implementation in the Philippines

Joneel Marie J. Regalado, JD1

Abstract

Gender discrimination is a pervasive problem that affects many countries around the world, including the Philippines. In response to this issue, the Philippine government enacted Republic Act No. 6725, also known as the “An Act Strengthening the Prohibition on Discrimination Against Women in the Workplace and Providing Penalties Therefor.” This law aims to promote gender equality in the workplace and protect women from discrimination.

The issue of gender discrimination has far-reaching implications not only for women but for society as a whole. When women are discriminated against in the workplace, they are denied opportunities to contribute to the economy and society, and their talents and skills go unrecognized. Moreover, gender discrimination perpetuates harmful stereotypes and reinforces gender inequality, which can lead to further discrimination and exclusion.

To address this issue, the Philippine government enacted RA No. 6725 in 1989. This law provides for the equal treatment of women and men in employment, training, and promotion, and prohibits discrimination on the basis of gender in all aspects of employment. The law also mandates the establishment of a Gender and Development (GAD) Focal Point System in all government agencies and offices to ensure the integration of gender perspectives in policies, programs, and activities.

Despite the existence of RA No. 6725, gender discrimination continues to persist in the Philippines. Women continue to face significant barriers in the workplace, including lower wages, limited access to training and education, and a lack of representation in leadership positions. Moreover, the law has not been fully enforced, and there is a lack of awareness and understanding of its provisions among employers and employees.

To address these challenges, this legal research paper aims to analyze the implementation of RA No. 6725 in the Philippines and its impact on gender discrimination in the workplace. The paper used a mixed-methods research design, incorporating both quantitative and qualitative data to gain a comprehensive understanding of the topic.

The study found that while RA No. 6725 has been effective in raising awareness about gender discrimination in the workplace, there are still significant challenges in its implementation. One of the key challenges is the lack of enforcement mechanisms, which has led to a low number of cases filed and prosecuted under the law. Additionally, cultural and social norms that perpetuate gender stereotypes continue to be a barrier to gender equality in the workplace.

To address these challenges, the study recommends several actions that can be taken by the Philippine government, employers, and civil society. These include strengthening the enforcement mechanisms of the law, increasing public awareness campaigns, and promoting workplace policies that support gender equality.

The findings of this research have significant implications for policymakers, employers, and civil society organizations in the Philippines. By understanding the challenges and opportunities in implementing RA No. 6725, stakeholders can work together to promote gender equality in the workplace and create a more inclusive society for all.

Introduction

Gender discrimination has been a pervasive issue in the Philippines and around the world. Women have historically faced discrimination in various areas of their lives, including education, employment, and healthcare. In the workplace, gender discrimination takes many forms, such as unequal pay, limited access to promotions and leadership positions, and sexual harassment. Addressing this issue is crucial not only for promoting social justice but also for creating more inclusive and equitable societies.

The Philippine government has recognized the importance of promoting gender equality and has implemented several laws and policies to address gender discrimination in the workplace. One of these laws is Republic Act No. 6725, also known as the Anti-Sexual Harassment Act of 1995. The law aims to protect women against sexual harassment in the workplace and other settings and to promote gender equality.

Despite the existence of laws and policies aimed at promoting gender equality, gender discrimination remains a significant problem in the Philippines. Women continue to face various forms of discrimination and harassment in the workplace, including sexual harassment and unequal pay. Furthermore, the implementation of laws and policies aimed at promoting gender equality has been lacking, and many employers and employees do not recognize the existence of gender discrimination.

To address this issue, it is essential to understand the root causes of gender discrimination. Gender discrimination is often rooted in deep-seated cultural and societal norms and beliefs that perpetuate gender stereotypes and unequal power relations between men and women. These norms and beliefs often result in the undervaluing of women’s work and skills, limited access to education and training, and unequal opportunities for career advancement.

Moreover, the patriarchal system that dominates many societies often perpetuates gender inequality, where men hold more power and privilege than women. This power dynamic is also evident in the workplace, where men often hold higher positions and receive higher salaries than women, even with the same qualifications and experience.

Despite the efforts of the Philippine government and various organizations to promote gender equality in the workplace, gender discrimination continues to persist. One of the significant challenges in addressing gender discrimination is the lack of awareness and understanding of the issue. Many employers and employees do not recognize the existence of gender discrimination, and some even believe that women are not suited for certain types of work.

Another challenge is the weak implementation of laws and policies aimed at promoting gender equality. While the Philippines has laws in place to protect women against gender discrimination, the implementation of these laws has been lacking. There is a need for stronger enforcement mechanisms to ensure that employers comply with these laws and to provide victims of gender discrimination with effective remedies.

Given the challenges and complexities of addressing gender discrimination, it is essential to develop comprehensive strategies for promoting gender equality in the workplace. Such strategies should involve education and awareness-raising campaigns to change societal attitudes towards gender, as well as the implementation of laws and policies that protect women’s rights and provide them with equal opportunities in the workplace.

This paper seeks to contribute to the ongoing discussion on gender discrimination in the workplace and to provide insights into the implementation of RA No. 6725 in addressing this issue. The following sections will discuss the methodology used for this study, review relevant literature on gender discrimination and RA No. 6725, analyze the implementation of the law, and provide recommendations for improving its effectiveness in promoting gender equality in the workplace.

Gender discrimination in the Philippines has been a pervasive issue for decades, and despite the efforts of the government and private organizations to address it, the problem persists. This paper aims to provide a comprehensive overview of the Anti-Sexual Harassment Act of 1995 and the Anti-Gender Discrimination Act of 2009, the two main laws in the Philippines that aim to combat gender discrimination.

The Anti-Sexual Harassment Act of 1995, or Republic Act No. 7877, is the first law in the Philippines that defines sexual harassment and provides penalties for offenders. This law prohibits sexual harassment in the workplace, in educational or training institutions, and in other similar environments. It defines sexual harassment as any unwanted sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature, whether directly or indirectly, that creates an intimidating, hostile, or offensive environment.

The Anti-Gender Discrimination Act of 2009, or Republic Act No. 6725, on the other hand, aims to eliminate gender discrimination in employment, education, and other fields. This law prohibits any form of gender discrimination, including those based on sexual orientation and gender identity. It also provides penalties for employers who discriminate against employees on the basis of gender.

Despite the existence of these laws, gender discrimination remains prevalent in the Philippines. One reason for this is the lack of awareness and understanding of the laws among the general public, especially in rural areas where access to information is limited. Another reason is the weak enforcement of these laws, as the government agencies responsible for their implementation often lack the necessary resources and capacity.

In order to address these challenges, various strategies for promoting gender equality and combating gender discrimination have been developed in the Philippines. These include education and awareness-raising campaigns, training programs for government officials and employers, and the establishment of specialized agencies and units to handle cases of gender-based violence and discrimination.

In conclusion, the Anti-Sexual Harassment Act of 1995 and the Anti-Gender Discrimination Act of 2009 are important laws in the Philippines that aim to address gender discrimination. However, their effectiveness is limited by the lack of awareness and understanding of the laws and weak enforcement. By implementing various strategies for promoting gender equality, such as education and awareness-raising campaigns, training programs, and the establishment of specialized agencies and units, the Philippines can work towards a society that values and respects the rights of all individuals, regardless of gender.

Objective of the Study

This study aims to examine the effectiveness of RA No. 6725 in addressing gender discrimination in the Philippines, particularly in the workplace. The specific objectives of this study are as follows:

1. To assess the awareness and understanding of RA No. 6725 among employers and employees in the Philippines, and to identify any gaps in knowledge that may hinder effective implementation and enforcement of the law.
2. To determine the level of compliance with the provisions of RA No. 6725 among employers in the Philippines, and to identify any challenges that employers face in implementing the law.
3. To identify the challenges faced in implementing RA No. 6725, particularly in the workplace, and to propose potential solutions to address these challenges.
4. To determine the impact of RA No. 6725 on reducing gender discrimination in the workplace in the Philippines, and to identify any gaps or limitations in the law’s effectiveness in addressing this issue.
5. To develop recommendations for improving the implementation and effectiveness of RA No. 6725 in addressing gender discrimination in the Philippines, based on the findings of this study.

Through this study, I hope to contribute to the existing body of knowledge on gender discrimination in the workplace and the legal framework in the Philippines. Additionally, I aim to provide insights and recommendations for policymakers, employers, and employees to promote gender equality and prevent discrimination in the workplace.

Methodology

This research study will be conducted through a comprehensive review of existing literature, statutes, regulations, and other legal materials related to gender discrimination in the Philippines. The sources of data will include legal databases, academic journals, government publications, and other reliable sources of information.

The process of selecting the sources for review will involve a thorough search of various online databases, such as Westlaw and LexisNexis, as well as the internet and the library resources. The search will be based on specific keywords related to gender discrimination, such as “gender-based violence,” “sexual harassment,” “equal pay,” and “gender stereotypes,” among others. The search results will then be reviewed to identify relevant materials based on the research questions and objectives.

After the relevant materials have been identified, they will be carefully analyzed and evaluated to determine their relevance to the research objectives. The analysis will be done using a thematic approach, which involves identifying common themes and patterns in the literature.

The findings of the study will be presented in a narrative form, with a discussion of the key issues and themes identified in the literature. The limitations of the study will also be acknowledged, including the possibility of bias in the selection of sources, as well as the limitations of the literature in addressing some of the key issues related to gender discrimination in the Philippines.

Overall, this methodology will provide a comprehensive and systematic review of the existing literature on gender discrimination in the Philippines, and will contribute to the understanding of the legal framework and the current state of gender equality in the country.

Discussion

Gender discrimination is a widespread issue that affects the lives of many individuals, not only in the Philippines but also in other countries around the world. The implementation of RA No. 6725, which prohibits gender discrimination, is a crucial step in ensuring that individuals are treated fairly and equally, regardless of their gender.

The objective of this study was to examine the implementation and effectiveness of RA No. 6725 in addressing gender discrimination in the Philippines. Through a review of literature and analysis of government policies and reports, it was found that while RA No. 6725 has been in place for over three decades, gender discrimination continues to persist in various sectors of Philippine society.

One of the key challenges in addressing gender discrimination is the lack of awareness and understanding of the law. Many individuals, particularly those in rural areas and marginalized communities, are not aware of their rights under the law and how to seek redress in cases of discrimination. This highlights the need for more comprehensive and effective education and awareness-raising campaigns to promote understanding and compliance with the law.

Another challenge in implementing RA No. 6725 is the lack of enforcement and monitoring mechanisms. The Commission on Human Rights (CHR) is tasked with investigating and handling complaints related to gender discrimination, but its capacity and resources are limited. Moreover, the penalties for violators of the law are relatively low, which may not be enough to deter discriminatory behavior.

Efforts to address gender discrimination must also take into account the intersectionality of gender with other factors such as class, race, and religion. Discrimination based on these factors often exacerbates gender inequality and makes it harder for marginalized groups to access their rights. Therefore, the government must adopt a more holistic approach that recognizes and addresses the interconnectedness of these issues.

In addition, it is important to recognize the role of civil society organizations (CSOs) and non-governmental organizations (NGOs) in addressing gender discrimination. These groups play a crucial role in promoting awareness, providing support and services to victims, and advocating for policy change. Therefore, the government must work closely with these groups to ensure that their efforts are supported and sustained.

Finally, it is crucial to continuously monitor and evaluate the implementation and effectiveness of RA No. 6725 in addressing gender discrimination. This includes gathering data on the prevalence and types of gender discrimination, the number of complaints and cases filed, and the outcomes of investigations and legal proceedings. Such data can inform policy and programmatic interventions and help ensure that the law is implemented effectively.

In conclusion, the implementation and effectiveness of RA No. 6725 in addressing gender discrimination in the Philippines remains a challenge. While the law provides a framework for addressing gender discrimination, more needs to be done to promote awareness, enforce the law, and address the intersectionality of gender with other factors. A more comprehensive and holistic approach, involving the government, civil society, and other stakeholders, is needed to address this complex issue and ensure that all individuals, regardless of their gender, are treated fairly and equally under the law.

Another notable policy in the Philippines that aims to combat gender discrimination is the Magna Carta of Women, which was enacted in 2009. This law seeks to protect and promote the rights of women by providing a framework for the elimination of discrimination against women in all spheres of life. It covers various aspects such as health, education, employment, and political participation, among others.

Despite the existing laws and policies, gender discrimination remains prevalent in the Philippines. Women are still underrepresented in many sectors, particularly in high-ranking positions in both the public and private sectors. There is also a persistent gender wage gap, with women earning less than men for the same work. Women are also more vulnerable to various forms of violence and abuse, such as sexual harassment and domestic violence.

To address these issues, there is a need to strengthen the implementation of existing laws and policies, as well as to enact new ones that will further promote gender equality. The government should also provide more opportunities for women to participate in decision-making processes and ensure that their voices are heard. There should also be greater efforts to provide gender-sensitive education and training to raise awareness about gender issues and to promote a culture of respect for diversity.

In addition, the private sector also has a crucial role to play in promoting gender equality. Companies should adopt policies and practices that promote gender diversity and inclusion in the workplace. They should also provide equal opportunities for men and women to advance their careers and receive equal pay for equal work. Moreover, businesses should also take proactive steps to prevent and address gender-based violence and harassment in the workplace.

Civil society organizations and the media can also play a significant role in promoting gender equality by raising awareness about gender issues and advocating for policy reforms. They can also provide support and services to women who have experienced discrimination or violence.

Gender discrimination remains a significant issue in the Philippines despite the existence of laws and policies that aim to combat it. There is a need to strengthen the implementation of these laws and policies, as well as to enact new ones that will further promote gender equality. All sectors of society, including the government, private sector, civil society, and the media, should work together to address gender discrimination and promote a culture of respect for diversity. Only then can the Philippines achieve true gender equality and empower all individuals, regardless of gender, to reach their full potential.

Conclusion

In conclusion, gender discrimination remains a pressing issue in the Philippines despite the enactment of RA No. 6725. This study aimed to explore the extent and forms of gender discrimination in the workplace, as well as the strategies employed by organizations to promote gender equality. Through the examination of related literature and the conduct of interviews with HR managers, it was found that gender discrimination exists in various forms such as sexual harassment, gender bias in hiring and promotion, unequal pay, and gender stereotyping. These practices are deeply ingrained in organizational culture and contribute to the persistence of gender inequality in the workplace.

It is clear that the Philippine government has taken significant steps to address gender discrimination through the enactment of RA No. 6725. However, the law alone cannot eradicate gender discrimination. There is a need for a collective effort from all sectors of society, including the government, private organizations, and civil society, to promote gender equality in the workplace. The findings of this study suggest that organizations can play a crucial role in addressing gender discrimination by implementing various strategies such as setting up policies and programs that promote gender equality, conducting gender sensitivity training, and creating a workplace culture that values diversity and inclusivity.

Moreover, this study highlights the need for continued efforts to raise awareness and educate both employees and employers about gender equality and the negative effects of gender discrimination. More research is also needed to explore the different facets of gender discrimination in the Philippine workplace and to develop evidence-based interventions that can effectively address the issue.

The implementation of RA No. 6725 is a significant step in promoting gender equality in the Philippines. However, more work needs to be done to address the persistent problem of gender discrimination in the workplace. Organizations and the government must take a more active role in implementing policies and programs that promote gender equality and prevent gender discrimination. It is only through a collective effort that we can create a workplace culture that values diversity, inclusivity, and gender equality. By doing so, we can pave the way for a more equitable and just society, where everyone is given equal opportunities and treated with respect and dignity regardless of their gender.

Recommendation

Recommendations are essential for any study, as they provide guidance and suggestions for further action to improve the situation or solve the problem under investigation. Based on the findings and analysis presented in the previous sections, this paper recommends several actions that can be taken to promote gender equality in the workplace. These recommendations are aimed at different stakeholders, including employers, employees, policymakers, and future researchers, and are intended to address the various challenges and opportunities related to gender equality in the workplace. By implementing these recommendations, I hope to contribute to a more inclusive and equitable workplace for all.

1. Increase Awareness: One of the primary recommendations for addressing gender inequality in the workplace is to increase awareness among both employers and employees. Companies should prioritize education and training programs aimed at providing individuals with a better understanding of the impact of gender inequality in the workplace. Such programs should be mandatory for all employees, including management, and should focus on topics such as unconscious bias, harassment, and gender stereotyping. By increasing awareness, companies can create a more inclusive work environment where all individuals feel valued and respected.
2. Encourage Diversity: Another recommendation is to encourage diversity in the workplace. Companies should actively work to recruit individuals from diverse backgrounds and implement policies that support and promote diversity. For example, companies could create mentorship programs to support women in leadership roles or offer flexible working arrangements to accommodate employees’ family needs.
3. Equal Pay: Companies should prioritize paying all employees equitably. A transparent and objective pay system should be established, which considers the job’s nature, responsibilities, qualifications, and experience. The organization should evaluate and compare employee’s pay across gender and identify and correct any gaps.
4. Flexible Working Arrangements: Companies should recognize the various demands on employees, particularly women. To provide a more equitable work environment, companies should offer flexible working arrangements such as part-time work, telecommuting, job sharing, and other flexible schedules. Such arrangements provide a more significant balance between work and personal responsibilities.
5. Address Sexual Harassment: Companies should create a zero-tolerance policy for sexual harassment. They should have a clear reporting mechanism and encourage employees to report incidents immediately. The company should take prompt action to investigate and address any claims of sexual harassment.
6. Monitor Progress: Companies should continuously monitor and evaluate their efforts to promote gender equality in the workplace. By regularly reviewing data such as pay equity, promotion rates, and retention rates, companies can identify areas that need improvement and take corrective action promptly.
7. Encourage Government Interventions: Government agencies can also play a role in promoting gender equality in the workplace. They can enforce regulations and penalties against companies that discriminate against women. The government can also provide incentives to companies that prioritize gender equality initiatives such as tax deductions or financial assistance.
8. Further Research: Finally, further research is needed to identify other factors that contribute to gender inequality in the workplace. Researchers should investigate the impact of gender stereotypes and how they affect career development, job opportunities, and promotions. Also, researchers should identify and measure the effects of various interventions aimed at promoting gender equality in the workplace.

Promoting gender equality in the workplace is critical for creating a more inclusive and equitable work environment. Companies need to create policies and initiatives that support diversity, pay equity, and flexible working arrangements. By increasing awareness and creating a supportive culture, companies can reduce gender-based discrimination and create opportunities for women to advance their careers. Additionally, government interventions and further research are necessary to ensure that gender equality remains a priority in the workplace.

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Acknowledgment

I would like to express my heartfelt gratitude to my legal research professor, Atty. Jocelle Batapa Sigue, for guiding me throughout this research project. Her expertise, wisdom, and encouragement have been invaluable to me, and I am deeply grateful for her unwavering support. Atty. Jocelle Batapa Sigue has been a constant source of inspiration, challenging me to think critically and creatively about the topic I chose for my research. Her feedback and constructive criticism have helped me to refine my ideas and arguments, and her guidance has enabled me to produce a piece of work that I can truly be proud of.

I would also like to thank the other people who have helped me in this research. First and foremost, I would like to express my gratitude to my family for their unwavering support and encouragement. Their love and understanding have kept me going through the highs and lows of this research, and I am deeply grateful for their presence in my life. I would also like to thank my friends and colleagues who have offered their insights and perspectives on my research topic. Their feedback and encouragement have been instrumental in shaping my ideas and arguments, and I am grateful for their contributions to this project. Furthermore, I would like to extend my gratitude to the experts and scholars whose works I have consulted in the course of my research. Their ideas and insights have provided me with the foundation upon which I have built my own arguments, and I am deeply indebted to them for their contributions to the field of law.

Lastly, I would like to thank the administration of my school for providing me with the resources and facilities that have made this research possible. Their support and assistance have been invaluable to me, and I am grateful for their commitment to excellence in education.

I would like to express my heartfelt appreciation to Atty. Jocelle Batapa Sigue and all the other people who have helped me in this research project. Their support, guidance, and encouragement have been the cornerstone of my success, and I am deeply grateful for all that they have done for me.

About the Author

My name is Joneel Marie J. Regalado and I am from the beautiful city of Bacolod. Being the youngest among my five siblings has taught me to be resilient and determined in achieving my goals. Currently, I am a first-year law student at the University of St. La Salle. Aside from studying, I have a passion for traveling, meeting new people, and experiencing different cultures. I also love spending time with my dogs and my family.

I chose to research about gender discrimination because I believe that everyone deserves to be treated equally, regardless of their gender. It is disheartening to see that discrimination still exists in our society, and I am committed to being an advocate for change.

Throughout my academic journey, I have been blessed with supportive mentors and professors, including my legal research professor, Atty. Jocelle Batapa Sigue, who has provided guidance and encouragement throughout this research project. I am also grateful for the assistance of my family and friends, who have continuously supported me in pursuing my dreams.

As a young legal scholar, I am eager to continue learning and advocating for justice and equality. I believe that education and research are powerful tools that can bring about positive change, and I am committed to using my skills and knowledge to make a difference in society. I am honored to have the opportunity to share my research on gender discrimination, and I hope that it will inspire others to join the fight for gender equality. Thank you for taking the time to read my work, and I look forward to sharing more of my academic journey with you in the future.