Philippine Bar review · Question

Practice question: Pregnancy (RA 10354, Sec. 23(c))

Multiple Choice Hard

Practice question

A qualified applicant is rejected solely because she is pregnant. The company states that it prefers to avoid potential maternity absences and does not identify another lawful reason. It argues that calling the decision an efficiency policy avoids Section 23(c). Which conclusion is correct?
  1. An efficiency label always defeats the statute.
  2. The proved pregnancy-based non-hiring falls within the prohibition despite that label.
  3. Every pregnant applicant automatically owns the company.
  4. The clause applies only after a child is born.
  5. Pregnancy becomes a lawful rejection ground whenever leave may be needed.

Legal references

  • https://lawphil.net/statutes/repacts/ra2012/ra_10354_2012.html — RA 10354, Section 23(c).

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