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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

An established law firm in Makati publicly states on its recruitment page: “We will not interview or hire lawyers who are Muslims.” Ms. Aisha Alim, a qualified applicant who is Muslim, is not interviewed; weeks later, the firm hires a non-Muslim for another role. A Bar complaint is filed alleging violation of CPRA Canon V, Secs. 1 and 4. Which statement best captures the controlling rule on equality and non-discrimination in the practice of law, its application to the facts, and the likely sanctions or remedies if proven?

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Private firms can discriminate on religious grounds if the affected individuals do not belong to protected classes under CPRA; to be a protected class, the group must be a recognized minority. Discrimination on the basis of religion may be justified if the firm demonstrates a substantial business necessity; the Bar would require evidence of such necessity. Discrimination on the basis of religion in recruitment and hiring by private law firms is prohibited under CPRA Canon V, Secs. 1 and 4; the firm's policy violates the ethical rule, and sanctions may include disciplinary action such as reprimand, suspension, or disbarment, with possible remedies like re-interview or re-hire. The CPRA Canon V, Sec. 4 concerns penalties for violations but cannot compel private firms to hire or interview a particular candidate; the Bar would not order remediation in recruitment cases.

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