Question:

Fil-Aire Aviation Company (FIL-AIRE) is a new airline company recruiting flight attendants for Its domestic flights. It requires that the applicant be single, not more than 24 years old, attractive, and familiar with three (3) major Visayan dialects, viz: Ilongo, Cebuano and Waray. Lourdes, 23 years old, was accepted as she possessed all the qualifications. After passing the probationary period. Lourdes disclosed that she got married when she was 18 years old but the marriage was already in the process of being annulled on the ground that her husband was afflicted with a sexually transmissible disease at the time of the celebration of their marriage. As a result of this revelation, Lourdes was not hired as a regular flight attendant. Consequently, she filed a complaint against FIL-AIRE alleging that the pre-employment qualifications violate relevant provisions of the Labor Code and are against public policy.

Is the contention of Lourdes tenable? Discuss fully.

(Bar Examination in Labor Law, 1995)

Suggested Answer:

Yes, the contention of Lourdes is tenable. Article 136 of the Labor Code provides that it shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.”

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