John Carlo B. Estabillo, MBA
Abstract
This paper presents the different
forms of discrimination that many employees face. It provides an overview of
workplace discrimination, including its various forms, such as age
discrimination, gender discrimination, and disability discrimination. This
paper will underscore the urgent need for continued research, as despite laws
preventing discrimination, it cannot be easily eliminated or eradicated. Unfair/unequal
treatment can often lead to decreased morale, reduced productivity, or worse,
can lead to significant mental health issues.
Keywords: Discrimination, Ableism,
Gender discrimination, Disability Discrimination.
Introduction
Workplace
discrimination is rampant nowadays. This becomes a serious issue because people
can judge someone based on their gender, age, religion, and other personal
characteristics, which can often lead to missed opportunities and unfair
treatment in the workplace. From an ethical standpoint, workplace
discrimination constitutes a serious violation of fundamental principles of
fairness, justice, and respect for human dignity. As we all know, workplace
discrimination can significantly impact someone's well-being, especially if they
are treated unfairly or unequally based on characteristics that have no bearing
on their job or performance. Let's accept the fact that no work is perfect, but
some employees are more likely to choose to leave their job and be unemployed
than to be with the organization or to be with a company that is destroying
their mental health. Discrimination – whether it
occurs once or over a prolonged period – can result in low morale,
decreased productivity, tension among employees, and an unhealthy work
environment. Sometimes, it's not the job itself that drains people, but the
office politics and favoritism. Overall, it’s not just the workload- it’s the
system.
Different Kinds of
Discrimination in the Workplace
Ageism
It
simply means treating employees differently based on their age. This occurs
when an employee receives poor treatment and is denied career opportunities due
to their age. It includes being denied a job, being fired, or being viewed as
unfit for a promotion due to one’s age, and we often associate it with older
people or vice versa (younger ones). Ageism represents an adverse bias against
older workers, most notably during the hiring and interview process, when
trying to land a job, and for younger workers, the division of labor or the workload
as a whole.
Ageism: Discrimination
against older workers
We
can’t deny the fact that this has become a real problem in the Philippines' job
market nowadays, especially with the presence of technology. As we all know, we
are now living in a modern world where technology makes everything easier. It
is now indicated in job qualifications that having basic computer skills is a
must for someone to land a job, and this becomes a problem for older workers. Employers
nowadays tend to prioritize younger employees over older employees, as these
young individuals can learn how to perform the job more quickly, particularly
if the company utilizes digital or technological means to serve customers. As
they say, younger, much bolder, more ideas, and more active in engaging in
activities.
Ageism: Discrimination
against younger workers
Discrimination
against younger workers often occurs when the employee is new to the
organization. Their seniors are discriminating against them by assigning them
more work that exceeds their job description. Younger ones are often given
different kinds of assignments beyond the scope of their role, while the
seniors take a break.
Another
example is in the hiring process, where employers do not hire younger
professionals because they assume that these young individuals only work to
gain experience and are likely to move to another job quickly. And that
employers will sometimes discriminate against younger professionals, thinking
that they don't have the same experience as the older professionals and that
they haven't put in the same number of years in service, so they assume that
they lack knowledge and experience for that specific role.
Gender Discrimination
Workplace gender
discrimination comes in many different forms. Still, generally it means that an
employee or a job applicant is treated differently or less favorably because of
their sex, gender identity, or sexual orientation. Even though the words "sex"
and "gender" have different meanings, laws against discrimination at
work often use them interchangeably.
It
is an unfair treatment based on gender that can often lead to unequal opportunities.
An example of this is being denied a promotion or a salary raise due to gender,
or paying employees of different genders different salaries for the same work.
Disability Discrimination
This refers to discrimination against
employee because of their disability. Ableism is the term that describes
discrimination against people with disabilities that can negatively impact
their mental well-being. Ableism is the discrimination of and social prejudice
against people with disabilities based on the belief that typical abilities are
superior. At its heart, ableism is rooted in the assumption that disabled
people require 'fixing' and defines people by their disability. Like racism and
sexism, ableism classifies entire groups of people as
‘less than,’ and includes harmful stereotypes, misconceptions, and
generalizations of people with disabilities.
One
example of disability discrimination happens in the hiring process. It occurs
when an employer refuses to hire a job applicant with a disability because they
assume the applicant is not capable of performing the work. Despite legal
protection here in the Philippines, people with disabilities face a low
unemployment rate and limited opportunities, and discrimination during the
hiring process denies them the possibility to utilize their skills.
Relevant laws that
prohibit discrimination
Republic
Act 9710 or the Magna Carta of Women
-
This is a comprehensive women's human rights law that aims to
eliminate discrimination by recognizing, protecting, fulfilling, and promoting
the rights of Filipino women, particularly those
from marginalized sectors of society. This law covers the rights of
women, including special leave benefits, healthcare access, protection for
vulnerable groups, and the promotion of systemic reforms for women's
empowerment. This law strengthens women's rights by addressing systemic
inequalities and promoting gender-responsive policies that ensure equality,
dignity, and empowerment.
Republic Act No. 10524: An
Act Expanding the Positions Reserved for Persons with Disability, Amending the
Magna Carta for Persons with Disability
-
This law expands employment opportunities for persons
with disabilities (PWDs). It amends the Magna
Carta for Persons with Disability (Republic Act No. 7277) by mandating that at
least 1% of all positions in government agencies and private corporations with
over 100 employees be reserved for PWDs. While the act primarily focuses on
employment for PWDs, it indirectly benefits children with disabilities by
promoting a more inclusive society and ensuring that their future employment
prospects are safeguarded.
Conclusion
According to Frederick Kaufman, discrimination occurs when disadvantages are unjustly imposed due to group membership, and differentiation between groups is morally objectionable. Moreover, if discrimination is wrong because it disadvantages people for features they cannot change, this suggests that the feature is distasteful. It gives the impression that if they could change it, they should, but since they cannot, it is wrong to disadvantage them for, as it were, being stuck with something they can't do anything about. To conclude, organizations must treat individuals with dignity, respect, and fairness in all aspects. Everyone deserves respect at work. Work should be a safe space where discrimination is not present, so that together we can create a more inclusive society. Everyone is going through something we know nothing about. It costs nothing to be kind, so we should incorporate it into our everyday lives.
References
Philosophy Now. (2025).The Ethics of Discrimination. Retrieved from https://philosophynow.org/issues/135/The_Ethics_of_Discrimination
Equal Rights Advocates. (2022). Know your rights at work. Retrieved from https://www.equalrights.org/issue/economic-workplace-equality/discrimination-at-work/
Ashley Eisenmenger. (2019, December 12). Ableism 101-Access living. Retrieved from https://www.accessliving.org/newsroom/blog/ableism-101/
Magna Carta of Women (Republic Act 9710), Implementing Rules and Regulations. Retrieved from https://pcw.gov.ph/faq-republic-act-9710-the-magna-carta-of-women/
Republic Act No. 10524:
An Act Expanding the Positions Reserved for Persons with Disability, Amending
the Magna Carta for Persons with Disability. (2013, April). Republic of the Philippines. Retrieved from https://situationofchildren.org/latest-evidence/all-reports/publication/republic-act-no-10524-act-expanding-positions-reserved
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