I. Why this topic matters

Pregnancy discrimination often appears in subtle employment decisions—non-renewal of contracts, “performance” write-ups shortly after pregnancy disclosure, removal from client-facing roles, forced leave without pay, or “encouraged” resignation to “avoid problems.” In Philippine labor law, these acts can trigger overlapping protections: (1) anti-discrimination rules specific to women and pregnancy, (2) security of tenure and illegal dismissal doctrines, and (3) social legislation on maternity leave, health standards, and workplace benefits.

This article explains how Philippine law treats pregnancy-based discrimination and forced resignation, what employees must prove, what employers must prove, and the remedies available.

II. Core legal foundations

A. Constitution: equality, social justice, and labor protection

Philippine constitutional policy protects labor, promotes social justice, and recognizes equality and the role of women in nation-building. These principles support interpretations that disfavor pregnancy-based adverse treatment and penalize employer practices that undermine women’s equal employment opportunities.

B. Labor Code and related labor statutes: security of tenure + women-specific protections

Philippine labor standards and labor relations rules collectively provide that:

Employees cannot be dismissed except for just causes or authorized causes, and only with due process.
Dismissals (or resignation coerced by the employer) tied to pregnancy are generally treated as unlawful.
Labor regulations governing women’s employment prohibit discriminatory acts and adverse treatment by reason of pregnancy and related conditions.

C. Magna Carta of Women (Republic Act No. 9710)

The Magna Carta of Women is the Philippines’ primary comprehensive women’s rights law. In employment, it recognizes women’s right to:

Non-discrimination in hiring, promotion, training, and retention;
Equal treatment and opportunities; and
Protection from practices that penalize women for pregnancy, maternity, or family responsibilities.

It strengthens the argument that pregnancy-based adverse action is not merely “unfair,” but a rights violation.

D. Expanded Maternity Leave Law (Republic Act No. 11210)

RA 11210 significantly expanded maternity leave and reinforced workplace expectations around maternity protection. Key points in practice:

A qualified worker is entitled to paid maternity leave for a statutory number of days, including for live childbirth, miscarriage, or emergency termination of pregnancy, subject to legal conditions.
The law’s structure reflects a policy that pregnancy and childbirth must not be treated as grounds for diminished employment security.

E. Workplace benefits and health standards (selected)

Depending on sector and workplace, other rules may be relevant, such as:

Lactation and nursing support measures (workplace lactation stations and lactation breaks, where applicable);
Occupational safety and health duties requiring employers to maintain safe conditions, including reasonable risk controls for pregnant workers where hazards exist.

III. What counts as pregnancy discrimination in the workplace

Pregnancy discrimination is adverse employment action motivated by pregnancy, childbirth, or related medical conditions (including miscarriage or pregnancy complications). It can occur at any stage: hiring, probation, regular employment, promotion, training, deployment/assignment, discipline, or termination.

Common forms

Hiring and onboarding discrimination
- Refusal to hire once pregnancy is discovered
- Imposing pregnancy tests or “not pregnant” requirements as a condition of employment (especially when not genuinely job-related and necessary)
Terms and conditions discrimination
- Demotion, pay reduction, removal of allowances/benefits
- Reassignment to inferior roles without legitimate business necessity
- Excluding a pregnant employee from training, promotion tracks, or incentives
Leave and benefit interference
- Denial of maternity leave or pressuring the employee not to file maternity benefit claims
- Forcing leave without pay when paid leave is legally due
- Retaliating because the employee asserted maternity leave rights
Hostile environment and coercion
- Harassment related to pregnancy (“You’re a burden,” “You’ll slow the team down”)
- Threats of dismissal, non-renewal, or poor evaluations tied to pregnancy
Termination-related discrimination
- Dismissal shortly after pregnancy disclosure
- Non-renewal of a fixed-term contract because of pregnancy (even if framed as “end of contract”)
- “Redundancy” or “reorganization” selectively targeting pregnant workers

IV. “Forced resignation” in Philippine law: resignation vs. constructive dismissal

A. Resignation must be voluntary

Resignation is valid only when it is a voluntary, unconditional act of the employee. If the employer’s acts effectively leave the employee with no real choice, the law may treat the situation as constructive dismissal (a form of illegal dismissal).

B. Constructive dismissal: the controlling concept

Constructive dismissal exists when continued employment becomes impossible, unreasonable, or unlikely, or when there is a demotion in rank or diminution in pay/benefits, or when the employee is subjected to discriminatory or humiliating treatment so severe that a reasonable person would feel compelled to resign.

In pregnancy contexts, constructive dismissal is often found where:

The employee is told to resign because she is pregnant;
The employer threatens termination, blacklisting, or “bad records” unless she resigns;
The employee is pushed into signing a resignation letter, waiver, or quitclaim under pressure;
The employee is placed on floating status, off-schedule, or stripped of duties/clients soon after pregnancy disclosure;
The employee is transferred to a materially worse position “for her own good” without objective necessity.

C. Burden of proof dynamics

In illegal dismissal cases (including constructive dismissal), the employer generally bears the burden to show that termination (or the circumstances leading to resignation) was lawful and supported by valid cause and due process. Where resignation is claimed, employers are typically expected to show clear indicators of voluntariness.

Red flags against voluntariness include:

Resignation executed immediately after threats or meetings with management;
No prior indication that the employee intended to resign;
Resignation letters prepared by the employer;
Immediate clearance processing coupled with pressure tactics;
Waivers/quitclaims signed without meaningful choice.

V. Landmark principle in Philippine jurisprudence: pregnancy-based resignation policies are unlawful

Philippine case law has strongly disapproved employer policies that penalize pregnancy or impose “no pregnancy” conditions. The Supreme Court has treated pregnancy as a condition that cannot be used to defeat women’s employment security and equality rights, particularly where the employer’s policy effectively forces resignation or termination.

The recurring doctrinal themes:

Pregnancy is not misconduct.
Pregnancy is not a valid ground to terminate employment.
Policies requiring women to remain non-pregnant as a condition of continuing employment are generally inconsistent with public policy and women’s protection laws.

(While outcomes depend on facts, the courts consistently scrutinize pregnancy-linked separation and “voluntary” exits.)

VI. When pregnancy-related employer actions might be lawful (and when they are not)

A. Lawful actions (narrowly construed)

Employers may implement pregnancy-related measures when they are:

Health-and-safety based, grounded on genuine workplace hazards, and applied in good faith; and
Implemented in a manner that does not punish the employee (e.g., reasonable temporary adjustments, consistent with safety rules), and does not reduce pay/benefits unless legally permissible.

For example, if a role involves exposure to hazardous substances, an employer may be required to manage risk. But the response should be protective, not punitive—e.g., reassignment without loss of pay where feasible, or other reasonable measures consistent with occupational safety duties.

B. Unlawful actions (common pitfalls)

Even if framed as “business needs,” actions become suspect when:

Only pregnant workers are selected for adverse treatment;
The employer cannot show objective criteria;
The timing closely follows pregnancy disclosure;
The employer uses “probation,” “contract end,” or “restructuring” as a pretext.

VII. The role of employment status: probationary, fixed-term, project, agency-hired

A. Probationary employees

Probationary employment does not remove protection against discrimination and illegal dismissal. Termination must still be based on lawful grounds and (for probationary) failure to meet known and reasonable standards communicated at engagement. Pregnancy is not a performance standard.

B. Fixed-term and project employees

Expiration of term can be valid; however, non-renewal motivated by pregnancy can be challenged as discriminatory or as a disguised dismissal, depending on the surrounding facts, patterns, and employer conduct.

C. Agency-hired / contracting arrangements

Where labor-only contracting or disguised employment exists, the worker may pursue claims against the party deemed the employer under Philippine law. Pregnancy discrimination issues often arise in deployments and pull-outs; the legality depends on the genuine employment relationship and the reason for removal.

VIII. Evidence and case-building in pregnancy discrimination / forced resignation claims

A. Helpful evidence

Written policies (handbooks, memos, HR emails) referencing pregnancy restrictions
Messages or meeting notes suggesting resignation due to pregnancy
Timeline showing pregnancy disclosure followed by adverse action
Comparative evidence: treatment of non-pregnant employees
Proof of coercion: witnesses, recordings where legally obtained, contemporaneous chat logs
Medical documents establishing pregnancy timing (for chronology, not to “justify” rights)

B. How employers typically defend

Asserting the employee resigned voluntarily
Claiming poor performance, insubordination, or misconduct
Invoking redundancy/reorganization
Arguing end-of-contract or non-renewal for business reasons

Where pregnancy discrimination is alleged, the defense is tested against credibility, consistency, documentation, and whether similarly situated employees were treated differently.

IX. Remedies and liabilities under Philippine labor law

A. Illegal dismissal / constructive dismissal remedies

If constructive dismissal or illegal dismissal is found, typical labor law remedies include:

Reinstatement (return to work) without loss of seniority rights, and
Full backwages from the time compensation was withheld up to actual reinstatement.

If reinstatement is no longer viable (e.g., strained relations in certain contexts, closure, position abolition in good faith), separation pay may be awarded in lieu of reinstatement, depending on the circumstances and jurisprudential rules.

B. Monetary claims related to maternity benefits

Depending on coverage and compliance:

Payment of maternity leave benefits and differential (where applicable)
Damages or wage-related claims if the employer unlawfully withheld pay or benefits

C. Damages and attorney’s fees

In appropriate cases—especially where discrimination is blatant, coercion is proven, or bad faith is shown—courts/tribunals may award:

Moral damages (for serious anxiety, humiliation, social stigma)
Exemplary damages (to deter oppressive conduct)
Attorney’s fees (commonly in labor cases when the employee is forced to litigate to recover lawful wages or benefits)

D. Quitclaims and waivers: not automatically fatal to the employee’s case

Employers sometimes rely on signed quitclaims. Philippine labor policy is protective: quitclaims may be disregarded if obtained through coercion, undue influence, or if the consideration is unconscionably low compared to what is legally due.

X. Procedure: where and how claims are filed

A. Where to file

Most private-sector employer-employee disputes involving illegal dismissal, constructive dismissal, and money claims are brought through labor dispute mechanisms (commonly involving the National Labor Relations Commission system). Jurisdictional rules depend on:

Existence of employer-employee relationship,
Nature of the claims (dismissal, wages/benefits, damages ancillary to labor claims).

B. Deadlines (prescriptive periods)

Philippine labor and civil rules impose prescriptive periods that vary by claim type. As a practical matter, pregnancy discrimination cases often combine:

Illegal dismissal/constructive dismissal claims,
Money claims (wages/benefits),
Possibly statutory discrimination claims.

Because multiple prescriptive periods can apply, delay can weaken parts of the case even when other parts remain timely.

XI. Employer compliance guidance (risk prevention)

From a compliance standpoint, employers should:

Remove “no pregnancy” and similar discriminatory provisions from policies;
Ensure maternity leave and benefits administration complies with law;
Train managers against coercive conversations and retaliation;
Document legitimate, pregnancy-neutral performance management consistently;
Use objective criteria for restructuring and avoid selections that correlate with pregnancy status;
Implement safety accommodations where needed without punishing the worker.

XII. Practical legal framing: how tribunals typically analyze these cases

In many pregnancy discrimination/forced resignation disputes, adjudicators focus on:

Chronology (pregnancy disclosure → adverse action),
Employer intent or motive (direct statements, policy, pattern),
Severity of pressure (was resignation truly voluntary?),
Legitimacy of employer’s asserted cause (documented and consistent?),
Due process (notices, hearing opportunity, compliance with separation procedures).

A strong chronology plus coercive acts and weak employer documentation often leads to findings of constructive dismissal and illegal dismissal.

XIII. Key takeaways

Pregnancy is legally protected and is not a valid ground for termination or adverse treatment.
“Resignation” linked to pregnancy is heavily scrutinized; coercion or intolerable conditions can convert it into constructive dismissal.
Philippine labor law remedies can include reinstatement, backwages, payment of withheld benefits, and in proper cases, damages and attorney’s fees.
Policies penalizing pregnancy are generally inconsistent with Philippine public policy and women’s rights protections.