Davao City council passes expanded work anti-discrimination law to include health

THE LOCAL council of Davao gave final approval this week on the amendment to the Anti-Discrimination Ordinance of Davao City, which is expected to discourage employers from refusing to hire workers on account of their health status, such as having Hepatitis B. The original 2012 ordinance declares unlawful “the act of discriminating against workers based on sex, gender, sexual orientation, race, ethnic origin and religious affiliation and beliefs.” The amendment added a person’s health status as an additional basis for penalizing discrimination. “No one should discriminate anybody or stop accepting employment based on health status, there are companies making Hepa b testing mandatory, it has to stop,” Councilor Mary Joselle D. Villafuerte, chair of the committee on health, said earlier. Majority Floor Leader Melchor J. Quitain, Jr. said it took time for the council to pass the amendment as they had to check if it would be compatible with the guidelines of the Department of Labor and Employment (DOLE) considering that the labor code provides that disease can be a ground for termination. There is an existing DOLE guideline on the implementation of a workplace policy and program on Hepatitis B. Under the city’s anti-discriminatory ordinance, employers caught in violation will be fined P1,000 for the first offense, P2,000 for the second time, and P5,000 and 15 days imprisonment at the discretion of the court on the third offense. — Carmencita A. Carillo