In the Philippine labor landscape, the intersection of gender, family, and employment often presents unique challenges. One of the most critical areas of protection involves pregnant job applicants. Despite the constitutional mandate to protect working women, discriminatory practices during the recruitment phase persist. Understanding the legal framework is essential for both applicants seeking justice and employers aiming for compliance.

The Legal Foundation: Constitutional and Statutory Protections

The protection of pregnant women in the workplace is rooted in the 1987 Philippine Constitution, which tasks the State with protecting working women by providing safe and healthful working conditions and such facilities and opportunities that will allow them to realize their full potential in the service of the nation (Art. XIII, Sec. 14).

This mandate is codified through several key laws:

The Labor Code of the Philippines (Presidential Decree No. 442): Article 130 (formerly 132) and Article 133 (formerly 135) specifically prohibit acts of discrimination against women.
Republic Act No. 9710 (The Magna Carta of Women): This comprehensive law reinforces the right to non-discrimination in employment and specifically prohibits discrimination on the basis of pregnancy.
Republic Act No. 6725: An act that strengthened the prohibition on discrimination against women with respect to terms and conditions of employment, including recruitment.

What Constitutes Discrimination Against Pregnant Applicants?

Under Philippine law, an employer cannot refuse to hire a woman simply because she is pregnant. Discrimination occurs when pregnancy—or the potential for pregnancy—is used as a determining factor in a "no-hire" decision.

Common Discriminatory Practices in Recruitment:

The "Pregnancy Test" Requirement: Requiring a pregnancy test as a condition for employment is a direct violation of the law.
Discriminatory Interview Questions: Inquiries such as "Are you planning to get pregnant soon?" or "How will you manage your workload if you have a child?" are considered red flags for discriminatory intent.
Retraction of Offers: Rescinding a job offer after an applicant discloses her pregnancy (even if the disclosure happens during the medical exam phase) is a prohibited act.

Article 135 of the Labor Code: The Direct Prohibition

Article 135 of the Labor Code is explicit: it is unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. The Supreme Court has expanded this interpretation to include pregnancy, as pregnancy is a condition unique to women.

Key Ruling: In the landmark case of Philippine Telegraph and Telephone Co. (PT&T) vs. NLRC, the Supreme Court ruled that a company policy requiring female employees to remain unmarried (and by extension, not get pregnant) was void. The Court emphasized that pregnancy should not be a ground for dismissal or a barrier to employment.

The Magna Carta of Women (R.A. 9710)

Section 35 of the Magna Carta of Women further strengthens these rights. It mandates "Equal Treatment before the Law," which includes equal opportunities in recruitment and hiring. It prohibits discrimination in all aspects of employment, ensuring that women are not penalized for their reproductive functions.

Prohibited Acts under R.A. 9710:

Refusing to hire a woman because of her pregnancy.
Setting a "non-pregnancy" or "single status" requirement for job applicants.
Granting lower compensation or fewer benefits to a woman because of her pregnancy status.

The Role of the Medical Examination

While employers have the right to require a pre-employment medical examination (PEME) to ensure an applicant is "fit to work," this cannot be used as a tool for discrimination.

Fitness for Work: A doctor may determine if a pregnant applicant is physically capable of performing the specific tasks of the job (e.g., heavy lifting or exposure to toxic chemicals).
Reasonable Accommodation: If the job entails risks to the pregnancy, the employer should ideally look for reasonable accommodations rather than outright rejection, provided the applicant is otherwise qualified.

Remedies for Applicants

If a pregnant job applicant believes they were denied employment due to their condition, they have several avenues for recourse:

SENA (Single Entry Approach): A mandatory conciliation-mediation process through the Department of Labor and Employment (DOLE) to reach an amicable settlement.
Labor Arbiter: Filing a formal complaint for "Illegal Recruitment Practices" or "Discrimination" with the National Labor Relations Commission (NLRC).
Commission on Human Rights (CHR): Since the Magna Carta of Women is a human rights law, the CHR can investigate complaints of systemic discrimination.

Summary of Employer Obligations

Obligation	Description
Neutral Hiring	Decisions must be based on skills, experience, and merit, regardless of pregnancy status.
No Pregnancy Testing	Removing pregnancy tests from the standard pre-employment requirements.
Privacy	Respecting the applicant's privacy regarding their family planning and reproductive health.
Equal Opportunity	Ensuring that pregnancy is not treated as a "disability" that disqualifies a candidate.