Dear PAO,
I need legal advice. I have been a regular employee in a Philippine outsourcing company since 2024. My client is US-based. I informed my company that I am pregnant. Nine days after, the client decided to end my role due to a “shift in business priorities.” After that, my Philippine employer also terminated me. I know they will give me a separation pay, but I am asking for client reassignment because I am a regular employee. The timing of my termination feels suspicious. It looks like discrimination against pregnant women. I want to know my rights. Please advise me as soon as possible. I have to respond to my company soon.
Mitsuke
Dear Mitsuke,
Republic Act (RA) 9710 or the Magna Carta of Women defines discrimination against women as “any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.” (Sec. 4(b))
In the recent case of Saudi Arabian Airlines (Saudia) v. Rebesencio (GR 198587, Jan. 14, 2015; ponente: Senior Associate Justice Marvic M.V.F. Leonen), the Supreme Court frowned upon and disallowed the practice of viewing pregnancy as a disability resulting in the termination of a female employee:
“We do not lose sight of the reality that pregnancy does present physical limitations that may render difficult the performance of functions associated with being a flight attendant. Nevertheless, it would be the height of iniquity to view pregnancy as a disability so permanent and immutable that it must entail the termination of one’s employment. It is clear to us that any individual, regardless of gender, may be subject to exigencies that limit the performance of functions. However, we fail to appreciate how pregnancy could be such an impairing occurrence that it leaves no other recourse but the complete termination of the means through which a woman earns a living.”
To be clear, Article 135 of the Labor Code prohibits an employer from discriminating a female employee solely on account of the latter’s sex:
“Art. 135. Discrimination prohibited. – It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.”
In your case, your employer has the burden to prove that your termination is based on a just or authorized cause, and not because of your pregnancy. If your employer fails to do so, your termination may be considered as illegal dismissal, and even discriminatory.
In sum, your termination — coming days after you disclosed your pregnancy — may constitute illegal dismissal and discrimination under the Labor Code and the Magna Carta of Women. The proper remedy is to file a complaint for illegal dismissal before the National Labor Relations Commission, where you can seek reinstatement (or reassignment), full back wages, and damages.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
