b. Sex, Gender, or Marital Status (RA 6725 and 9710; DO 251, s. 2025)

Sex, Gender, or Marital Status (RA 6725 and 9710; DO 251, s. 2025)

Concept

Labor Code Article 135 prohibits an employer from discriminating against a woman employee in the terms and conditions of employment solely on account of her sex. The Magna Carta of Women states the broader policy of substantive equality between women and men and the elimination of discrimination against women. (Art. 135, Labor Code)¹ (Sec. 2, Rep. Act No. 9710)²

Governing provisions

RA 6725 amended Article 135 to identify prohibited employment practices and provide for criminal and separate money-claim actions. It also authorizes the Secretary of Labor and Employment to issue implementing guidelines. RA 9710 addresses equality more broadly, including decent work and rights relating to marriage and family relations. (Rep. Act No. 6725 (amending Art. 135))³ (Sec. 2, Rep. Act No. 6725)⁴ (Sec. 22, Rep. Act No. 9710)⁵ (Sec. 19, Rep. Act No. 9710)⁶

Requisites / Rules

• The Article 135 prohibition concerns discrimination by an employer against a woman employee in employment terms and conditions solely on account of her sex. (Art. 135, Labor Code)¹
• It is discriminatory to pay a female employee less compensation, including wages, salary, other remuneration, or fringe benefits, than a male employee for work of equal value. (Rep. Act No. 6725 (amending Art. 135))³
• It is likewise discriminatory to favor a male employee over a female employee in promotion, training opportunities, study, or scholarship grants solely on account of their sexes. (Rep. Act No. 6725 (amending Art. 135))³
• RA 9710 calls for decent work standards for women, including fairly remunerative work, workplace security, social protection, and equality of opportunity and treatment. It also identifies workplace support services that help women balance family obligations and work responsibilities. (Sec. 22, Rep. Act No. 9710)⁵

Distinctions

Article 135 supplies a specific employer-facing rule on sex discrimination in employment. RA 9710 also addresses equality outside the immediate employment relationship: its marriage and family-relations provision includes equal personal rights between spouses or common-law spouses, including the freedom to choose a profession or occupation. These provisions should not be treated as having identical coverage. (Art. 135, Labor Code)¹ (Sec. 19, Rep. Act No. 9710)⁶

Key doctrines

The supplied provisions distinguish criminal liability from an aggrieved employee’s action for money claims. A criminal action does not bar a separate and distinct money-claim action, which may include damages and other affirmative relief; the actions proceed independently. Criminal liability under Article 135 concerns willful commission of an unlawful act or violation of implementing rules. (Rep. Act No. 6725 (amending Art. 135))³

Exceptions

The supplied text states no exception to Article 135’s prohibition. Its express qualification is that the challenged treatment be solely on account of sex; do not replace that statutory wording with an unstated exception or defense. (Art. 135, Labor Code)¹

Bar tip

In a pay problem, compare compensation for work of equal value; in an advancement problem, check whether sex alone accounts for preferential treatment in promotion, training, study, or scholarship grants. Then keep criminal liability and the independent money-claim action distinct. (Rep. Act No. 6725 (amending Art. 135))³