Happy Pride Month!
Aside from the colorful parades and celebrating one’s sexual orientation, Pride honors the 1969 Stonewall Uprising in Manhattan which gave birth to the gay liberation movement. This movement did not just make ripples within the United States, but also worldwide. Years later, the Pride movement reached the Philippines through the Lesbian Collective’s participation in the International Women’s Day protest in 1992.
Over the years, the LGBTQ+ community and their allies continue to fight against discrimination, abuse, and violence. While there are some notable victories, the community still faces challenges in society, particularly in the workplace.
Does Greater Visibility Mean Greater Protection for LGBTQ+ Workers
According to the data cited by the United Nations, around 30% of Filipino members of the LGBTQ+ community report experiencing harassment, bullying, or discrimination in the workplace because of their sexual orientation or gender identity Despite people’s awareness, Filipino LGBTQ+ people still face negative comments, verbal harassment, and unfair treatment in civil society workplaces. An expert even mentioned that the Philippines still has a “long way to go” when it comes to gender-based discrimination in the workplace.
A transwoman professor shared how her colleagues bullied her through unsolicited comments about her physical appearance while she was transitioning. She also mentioned that these instances happened a lot because her physical appearance had not caught up yet with her gender identity. Although she had taught for eight years, her tenureship was denied due to “professional and interpersonal concerns”. This led to some suspecting that she was rejected because she was a transwoman.
But what does the law say about such an incident? Can someone get fired or be denied career advancement because of their sexual orientation?
Legal Protection for the LGBTQ+
Although the Sexual Orientation, Gender Identity, and Expression (SOGIE) Equality Bill remains held up in the Senate and the House of Representatives, there are legal workarounds and safeguards currently available.
As a general rule, an employee cannot be legally dismissed solely because of their sexual orientation or gender identity. Employers must have a lawful ground for termination and must comply with due process requirements under Philippine labor laws. Under the Labor Code of the Philippines, these are the legal grounds for termination of employment by the employer:
- Serious misconduct or willful disobedience;
- Gross or habitual neglect of their duties;
- Fraud or breach of trust;
- Commission of a crime by the employee against their employer or any immediate member of their family or duly authorized representatives; and
- If the employee is suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees.
Several laws and regulations may also provide protection against workplace harassment and discrimination affecting members of the LGBTQ+ community:
- Safe Spaces Act (Republic Act No. 11313) – Also known as the “Anti-Bastos Law,” this Act penalizes gender-based sexual harassment in public spaces and workplaces such as catcalling, transphobic or homophobic slurs, unwanted physical gestures, and online harassment.
- Civil Service Commission Resolution No. 01-0940 – For gender-based sexual harassment in government offices or involving government workers.
- Local Anti-Discrimination Ordinances – Over 50 local government units (LGUs) like Quezon, Manila, and Mandaluyong have passed anti-discrimination ordinances with differing provisions.
Due to the complicated nature of these cases, it is best to consult an attorney if you are seeking legal recourse.
Rainbow After the Rain
Despite the challenges, there is hope for the LGBTQ+ community. According to a report in 2024, it was estimated that 84.5% of the companies they surveyed have LGBTQ+-inclusive or anti-discrimination policies. Out of those, 92% are implementing such policies.
While this represents a meaningful process, the fight for equality continues. Legal protections, inclusive workplace policies and greater public awareness remain essential to ensuring that LGBTQ+ can work free from discrimination and harassment.