This case has been cited 2 times or more.
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2008-10-17 |
REYES, R.T., J. |
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| In short, the test of reasonableness of the company policy is used because it is parallel to BFOQ.[68] BFOQ is valid "provided it reflects an inherent quality reasonably necessary for satisfactory job performance."[69] | |||||
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2006-04-12 |
PUNO, J. |
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| The requirement that a company policy must be reasonable under the circumstances to qualify as a valid exercise of management prerogative was also at issue in the 1997 case of Philippine Telegraph and Telephone Company v. NLRC.[36] In said case, the employee was dismissed in violation of petitioner's policy of disqualifying from work any woman worker who contracts marriage. We held that the company policy violates the right against discrimination afforded all women workers under Article 136 of the Labor Code, but established a permissible exception, viz.:[A] requirement that a woman employee must remain unmarried could be justified as a "bona fide occupational qualification," or BFOQ, where the particular requirements of the job would justify the same, but not on the ground of a general principle, such as the desirability of spreading work in the workplace. A requirement of that nature would be valid provided it reflects an inherent quality reasonably necessary for satisfactory job performance.[37] (Emphases supplied.) | |||||