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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Labor and Social Legislation

GlobeTech Systems, a private manufacturing company, posts for a 'Field Service Engineer' with the qualification 'Male applicants only' because the job involves servicing heavy machinery located in hazardous industrial zones. Lina Santos, a licensed Field Service Engineer with 5 years' experience applies but is not shortlisted; a male applicant with 1 year of experience is hired. Lina sues alleging violation of Equal Work Opportunities under the 1987 Constitution Art. XIII Sec. 3 and the Labor Code Art. 3. (a) Identify the controlling doctrine and constitutional provision implicated. (b) Distinguish this doctrine from equal pay for equal work and discuss any narrow exceptions that might justify sex-based job qualifications. (c) Apply the doctrine to the facts and state whether GlobeTech Systems is liable and what remedies Lina should seek.

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The controlling doctrine is a safety-based exemption that allows sex-based hiring if the job involves hazardous environments; GlobeTech is not liable. The controlling doctrine is equal pay for equal work; Lina should be paid the same wage as the male hire for the same work, regardless of the hiring decision. The controlling doctrine is Equal Work Opportunities under Art. XIII Sec. 3 and LC Art. 3; sex-based qualifications are generally impermissible unless a bona fide occupational qualification is established; since no valid BFOQ is shown, GlobeTech is liable and Lina should seek relief such as hiring with back pay and damages. The controlling doctrine is general recruitment fairness; gender should not affect hiring decisions and GlobeTech should hire Lina or provide equivalent relief.

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