Practice question
Two employees perform work of equal value. A genuine sex-neutral seniority scale pays the longer-serving male employee more, and the same scale gives longer-serving women the same increment. The difference is ordinarily justified by actual service length. Does DO251 make that difference automatically unlawful solely because the woman earns less?
- Yes, every difference is conclusively sex discrimination
- Yes, objective factors can never matter
- Yes, all seniority increments are prohibited
- No; the rules recognize genuinely objective factors such as length of service or seniority that ordinarily justify the differential, apart from sex
- No pay comparison is ever permitted
Legal references
- DO251-2025, Section3(a)(ii): https://naro.law.upd.edu.ph/storage/01KKJKAHSDWK3ZNG2S3RKZWJQC.pdf
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