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Sec. 7. Exceptions. - Any action or conduct, otherwise prohibited under
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Sections 4 and 5 of this Act shall not be unlawful and shall not be considered as
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discrimination:
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1)
Where any of the protected attributes are bona fide occupational
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qualifications reasonably necessary to the normal operation of the particular
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business or where the differentiation is based on reasonable factors (Genuine
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Occupational Qualifications);
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2) Where distinction, exclusion, or preference in respect of a particular jo b is
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based on inherent requirement and requirement is a proportionate means o f
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achieving a legitimate aim (Inherent Requirement);
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3) Where the acts or practices of a body established for religious purposes
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conform to the doctrines, tenets or beliefs of the relevant religion or that such
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acts or practices are necessary to avoid injury to the religious sensitivities o f
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adherents o f that religion;
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4) Where the act or omission is done in good faith for the purpose o f
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assisting or advancing a person or group o f persons who need or may
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reasonably be supposed to need assistance or advancement in order to
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achieve an equal place in society with other members of the community
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(Measures of Equality or Affirmative ActionProgram).
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Sec. 8. Penalties. - The penalty o f not less than one (1) year but not more
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than six (6) years imprisonment or a fine of not more than Five Hundred Thousand
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Philippine Pesos (PhP500,000.00), or both, in the discretion of the court, and taking
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into consideration the circumstances and gravity of the offense.
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The penalty provided under this Section shall be imposed in its maximum
period:
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(a) I f the offender has been previously convicted under this Act;
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(b)W hen the offender is an ascendant, parent, guardian, stepparent or
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collateral relative within the second degree o f consanguinity or affinity
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of the victim;
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(c) When the offender is the manager or owner of an establishment which
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has no license to operate or whenever such license has expired or has
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been previously revoked;
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