Being Gay at work: A legal research on the rights of lesbian, gay, bisexual, and transgender to equal work opportunity

• Main Authors: Cua, Patrick Stephen M., Ong, Sheena Erica G.
• Format: text
• Language: English
• Published: Animo Repository 2012
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17803
• Institution: De La Salle University

This study aims to determine whether the existing pre-employment laws of the Philippine Labor Code and the Constitution provide sufficient protection for the LGBT on their right to equal work opportunity. To answer this issue, the researchers need to examine the scope and limitation of management prerogative, valid classification of LGBT under the law, and the international obligations as adopted by the Philippines. It also examined if these laws are responsive enough to address the issue on discrimination of the LGBT during the pre-hiring stage. The researchers found out that pre-employment laws of the Philippines do not protect LGBT on their right to equal opportunity. As a matter of fact, these laws are inadequate and inefficient to afford protection on this group of people. It is conclusive that since there is no employer-employee relationship during hiring stage, management prerogative will always prevail over the rights of an application due to these laws.