CASE STUDY

Irish Arellano, a flight attendant of ABC Airlines, was dismissed from her job by reason of her marriage. In dismissing her, the company invoked its policy which provides: Flight attendant applicants must be single and will be automatically separated from employment in the event they subsequently get married. Irish disputed her dismissal on account of her marriage, invoking Article 135 of the Labor Code. The company, on the other hand, also raised arguments that its flight attendants will get pregnant upon getting married and the marriage will make them inefficient or less efficient. To add, the company argued the policy has been enforced for many years and so far, no competent authority has declared it illegal or unjust. It also claimed that it has openly adopted and enforced this policy or regulation in good faith over the years believing it legally justifiable because of the special circumstances under which flight attendants operate. The company invoked the special occupation of flight attendants demand, a special set of labor standards especially with respect to safety, health, and aesthetics.

Source: http://www.laborlaw.usc-law.org/2010/02/11/prohibited-stipulations-in- employment- contract

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