Updated for the Philippine legal framework as of 2024. Laws and procedures change; when in doubt, consult a lawyer or the relevant agency directly.

I. What counts as workplace discrimination?

Discrimination in employment generally means unfavorable treatment based on a protected characteristic rather than job-related merit. In the Philippines, the prohibition against discrimination is found across the Labor Code and multiple special laws. Common protected grounds include:

Sex and gender (including pregnancy and marital status)
Age
Disability
HIV status
Religion
Ethnicity/Indigenous identity
Trade union membership/activities
Other statuses protected by special laws or local ordinances (e.g., some LGUs prohibit SOGIESC-based discrimination)

Typical scenarios:

Refusing to hire or promote because of age or pregnancy
Paying different wages for equal work because of sex or disability
Retaliating against a worker who files a discrimination or harassment complaint
Imposing job ads with “men only,” “under 30,” or similar filters
Company policies that screen out persons with disabilities without a legitimate, job-related reason and reasonable accommodations

II. Where to file: DOLE vs CHR (and when to combine)

Forum	What it handles	Typical Outcomes	When it’s best to use
DOLE (Department of Labor and Employment) – Regional Offices & field offices; and the SEnA Desk; and, where appropriate, the NLRC	Labor standards violations (e.g., discriminatory policies, wage/benefit differentials, unlawful job ads), occupational safety, anti-sexual harassment compliance, age-discrimination compliance, disability accommodations. For termination and monetary claims, the NLRC after SEnA.	Compliance orders, administrative penalties/fines (for laws assigning DOLE enforcement), corrective action via inspections, payroll differentials; settlement via SEnA; NLRC decisions on illegal dismissal and money claims.	You want enforcement/compliance against an employer, back wages/differentials, or to contest dismissal/constructive dismissal tied to discrimination.
CHR (Commission on Human Rights)	Human-rights–based investigations of discrimination, including systemic patterns and vulnerable groups; monitors state and private actors; can recommend prosecution/administrative sanctions and issue advisories; handles mediation and referrals.	Investigation reports, recommendations to prosecutors/regulators, subpoenas to aid fact-finding, mediation outcomes; public advisories. CHR does not adjudicate damages like a court.	You want a human-rights lens, independent investigation (especially in systemic or high-public-interest cases), or support where victims fear retaliation. Can run in parallel with DOLE/NLRC.

You can file with both. Many complainants start with DOLE SEnA for quick settlement and compliance, proceed to NLRC if dismissed or if money claims arise, and also seek CHR investigation for broader accountability and protection concerns.

III. Key legal bases (non-exhaustive)

Labor Code of the Philippines (PD 442, as amended) – equal work opportunities; anti-discrimination provisions for women; anti-retaliation; labor standards enforcement (wage, benefits, OSH).
Magna Carta of Women (RA 9710) – prohibits discrimination against women; pregnancy/maternity protection; employer duties.
Anti-Age Discrimination in Employment Act (RA 10911) – bans age-based discrimination in hiring, promotion, training, retirement, ads.
Magna Carta for Persons with Disabilities (RA 7277, as amended) – non-discrimination; reasonable accommodation in employment.
HIV and AIDS Policy Act (RA 11166) – confidentiality and non-discrimination protections for persons with HIV.
Safe Spaces Act (RA 11313) and Anti-Sexual Harassment Act (RA 7877) – prohibit workplace sexual harassment; require policies, committees, and due process.
Indigenous Peoples’ Rights Act (RA 8371) – protection for IPs/ICCs, including freedom from discrimination.
Batas Kasambahay (RA 10361) – domestic workers’ rights; non-discrimination and just terms/conditions.
Local anti-discrimination ordinances – many LGUs prohibit SOGIESC-based discrimination and provide remedies.

IV. Filing with DOLE: Practical pathways

A. The SEnA track (Single Entry Approach)

Purpose. SEnA is a mandatory, 30-calendar-day conciliation-mediation step for most labor disputes prior to formal litigation (e.g., NLRC) or certain administrative processes. It aims for quick, low-cost settlement.

Where. Single Entry Assistance Desk (SEAD) at any DOLE Regional/Field Office with jurisdiction over the workplace (or the worker’s residence if more convenient).

What to bring.

A Request for Assistance (RFA) stating the discrimination issue and desired relief (e.g., stop discriminatory policy; pay differential; reinstatement; damages per settlement).
Evidence: job ads/screenshots, memos, emails, performance records, pay slips, comparative salary data, witness statements, medical or pregnancy records (if relevant), company policies/handbooks.
Identification and basic employment details (employer name, address, position, dates).

Process.

File RFA and receive a schedule.
Conciliation-mediation with a SEnA Desk Officer; parties may agree to confidential settlement terms.
If settled: parties sign an agreement enforceable by DOLE.
If no settlement: the officer issues a Referral to the proper forum (e.g., NLRC for illegal dismissal/claims; DOLE inspection for standards compliance; or other agencies).

B. DOLE inspection/administrative enforcement (labor standards)

Some discrimination issues are compliance matters (e.g., unlawful job ads, unequal pay for equal work, failure to adopt anti-harassment policies, age-discriminatory practices). You may:

File a written complaint with the DOLE Regional Office describing the violation and requesting labor inspection.
Inspectors may require records, interview workers, and issue compliance orders or fines when authorized by statute/IRR.
This route is useful where you seek policy change and employer compliance, beyond individual settlement.

C. NLRC litigation (if applicable)

If discrimination involves termination (illegal dismissal/constructive dismissal) or money claims (e.g., wage differentials, damages per settlement breach), and SEnA did not resolve it:

File a Verified Complaint with the NLRC Arbitration Branch having territorial jurisdiction.
Prescriptive periods (core guideposts):
- Money claims under the Labor Code: 3 years from when the cause of action accrued.
- Illegal dismissal and similar actions based on an injury to rights: commonly treated as 4 years from accrual.
Reliefs can include reinstatement, back wages, damages, and attorney’s fees (as warranted).

V. Filing with the Commission on Human Rights (CHR)

Mandate. The CHR investigates human-rights violations, including discrimination in employment, particularly when it involves vulnerable groups (women, children, PWDs, IPs, older persons, persons living with HIV, and persons facing SOGIESC-based bias).

Where and how to file.

Any CHR Regional Office (walk-in); or through written complaints via post or electronic channels provided by the CHR; or through referrals from NGOs or other agencies.
Content of a complaint:
- Complainant and respondent details (names/addresses/positions).
- Narrative: clear timeline of discriminatory acts/omissions.
- Legal grounds (if known): e.g., RA 10911 (age), RA 11166 (HIV), RA 9710 (women), RA 7277 (PWD), relevant LGU ordinance.
- Evidence: documents, messages, policies, photos, videos; witnesses; medical or evaluation reports; any prior DOLE/NLRC filings or case numbers.
- Relief sought: investigation, protective measures, mediation, recommendation for prosecution/administrative action.

What CHR can do.

Docket and investigate; subpoena records/witnesses for inquiry.
Mediation between parties; issue recommendations to prosecutors, DOLE, CSC (for government offices), or other bodies.
Provide victim assistance (e.g., coordination with shelters, psychosocial services) and monitor employer/government responses.
Public advisories and systemic reviews where policies appear discriminatory.

What CHR cannot do.

It is not a court and generally cannot award damages or order reinstatement; it relies on recommendations/referrals and public accountability tools.

VI. Evidence Strategy (for both DOLE and CHR)

Timeline & logbook. Record dates, actors, statements, and impacts (lost shifts, demotion, termination).
Preserve originals. Keep digital copies of emails, chats, job ads, memos, performance reviews, payroll, and policies.
Comparators. Where alleging unequal treatment, gather comparative data (co-workers’ roles/rates/benefits) where accessible and lawful.
Medical/personal records (if relevant) – e.g., pregnancy certificates, disability assessments, HIV treatment records (respect confidentiality).
Witnesses. Ask co-workers to prepare sworn statements (notarize when filing in formal fora).
Internal remedies. If safe, use company grievance channels or anti-harassment committees; save proof of filing and outcomes.
Confidentiality & safety. For sensitive grounds (e.g., HIV status, SOGIESC), request privacy measures. Retaliation for filing is itself unlawful under several statutes.

VII. Typical Remedies and Outcomes

Policy change: removal of discriminatory job ad or rule; adoption of compliant anti-harassment and non-discrimination policies.
Individual relief: reinstatement, back wages, pay/benefit equalization, reasonable accommodations for disability, schedule or duty modifications.
Administrative penalties: fines and sanctions specified in particular laws (e.g., age discrimination, HIV confidentiality breaches, safety violations).
Training/Compliance orders: mandatory orientations, committee formation, periodic reporting.
Criminal/civil actions: some discrimination acts carry criminal liability under special laws; civil damages may be pursued via regular courts.
Human-rights outcomes: CHR recommendations, public statements, and referrals that can catalyze prosecution or regulatory action.

VIII. Special contexts

Sexual harassment & gender-based harassment: Employers must have clear policies, committees, and reporting procedures; failure to act can trigger employer liability. Complaints may proceed internally, with DOLE for compliance, CHR for HRV investigation, and criminally (for acts constituting offenses).
Persons with disabilities: Employers must provide reasonable accommodation unless it imposes undue hardship demonstrable with evidence (cost, feasibility, scale).
Age filters in hiring: RA 10911 prohibits discriminatory ads, application forms, and hiring criteria based on age, with limited job-related exceptions.
HIV status: Testing must be voluntary and confidential; no required disclosure in employment; discrimination and breaches of confidentiality are penalized.
Domestic workers (Kasambahay): File with Barangay/DOLE per RA 10361 rights; discrimination issues (wage, rest, benefits) may run through SEnA/DOLE and, as needed, CHR.

IX. Practical checklists

A. DOLE filing checklist

Identify the correct DOLE Regional/Field Office (workplace location).
Prepare Request for Assistance (SEnA) or written complaint for inspection.
Attach supporting evidence and IDs.
List desired outcomes (policy change, pay differential, reinstatement).
Attend conciliation-mediation; consider settlement terms carefully.
If unresolved, pursue referral (NLRC, inspection, or other forum).

B. CHR filing checklist

Draft a detailed narrative with legal grounds (if known).
Compile documents, witnesses, and prior agency filings.
Request protective/confidentiality measures where needed.
Indicate whether you also filed with DOLE/NLRC (parallel processing).
Ask for mediation if appropriate and safe.

X. Timelines, costs, and representation

SEnA aims to wrap within 30 calendar days from filing.
DOLE inspections vary (from weeks to months), depending on complexity and employer compliance.
NLRC cases take longer (months to over a year), depending on docket and appeals.
Fees: SEnA is generally free; NLRC has minimal filing fees for some claims; inspections are not charged to the complainant.
Lawyers: Not required for SEnA; advisable for NLRC litigation and complex CHR engagements. Union or NGO assistance can be valuable.

XI. Anti-retaliation

Retaliation (e.g., demotion, schedule cuts, harassment, termination) for filing or assisting in a discrimination complaint is prohibited by the Labor Code and several special laws. Document any retaliatory acts immediately and expand your complaint to include them.

XII. Model outlines for your filings

A. SEnA Request for Assistance (RFA) – skeleton

Parties: Complainant (position, tenure) and Employer (address).
Nature of dispute: “Workplace discrimination on the basis of __ (e.g., age/pregnancy/disability).”
Facts: Chronology with dates, persons, documents.
Relief sought: Stop policy; pay wage differential of ₱__; reinstate; reasonable accommodation; clearances/certificates; other.
Attachments: List of evidence and witnesses.

B. CHR Complaint – skeleton

Complainant & Respondent details.
Statement of facts (who/what/when/where/how; impacts).
Legal grounds (cite statutes/ordinances if known).
Requested actions: Investigation, subpoenas, mediation, recommendations for prosecution/administrative action, protective measures.
Evidence/witnesses; parallel filings (DOLE/NLRC/Barangay).

XIII. FAQs

Q: Can I file anonymously? CHR may accept tips/letters and can withhold identities in public reporting; however, formal proceedings typically require the complainant’s identity for due process. DOLE complaints generally identify the complainant, though workers may request confidentiality during inspections.

Q: Can my employer ask my age or pregnancy status? They may not use age/pregnancy as a basis for hiring or adverse action; job ads and hiring forms should not screen by age, and pregnancy tests as a hiring condition are generally unlawful.

Q: What if my employer has a grievance process? Use it if safe, but you do not lose the right to approach DOLE/CHR/NLRC.

Q: What if I signed a “quitclaim”? Quitclaims are not automatically valid; those that are unconscionable or obtained through fraud/duress may be set aside. Seek legal advice.

XIV. Final pointers

Act within time limits. Diary the 3-year window for money claims and 4-year window commonly applied to illegal dismissal and similar rights-based actions. Some special-law offenses have distinct prescriptive periods.
Parallel tracks help. DOLE for compliance and monetary relief; CHR for investigation and systemic accountability; NLRC for adjudication of dismissal/claims.
Document everything. A tight factual record is your best asset.

This article offers general legal information for the Philippines and is not a substitute for specific legal advice. For case-specific guidance, consult counsel or approach the nearest DOLE Regional/Field Office and CHR Regional Office.