Dear PAO,
My girlfriend is a flight stewardess in a local airline. She has been a regular employee since 2015. Over the years, she gained 15 kilos after starting work with the airline. Last week, she was served a letter requiring her to lose weight. Is this a valid exercise of management prerogative, or does it constitute discrimination?
Ian
Dear Ian,
In answering your question, there is a need to define the doctrine of management prerogative. In Jenny F. Peckson vs. Robinsons Supermarket Corporation (GR 198534, July 3, 2013), the Supreme Court, speaking through Associate Justice Bienvenido Reyes, defined the well-settled doctrine of management prerogative as follows:
“Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees. The only limitations to the exercise of this prerogative are those imposed by labor laws and the principles of equity and substantial justice.”
Thus, while employers may impose rules and regulations necessary for the conduct of their business, such rules must not be unreasonable, unfair, or discriminatory. Particularly, the Supreme Court, speaking through Associate Justice Ruben Reyes, discussed the concept of a bona fide occupational qualification in the case of Armando G. Yrasuegui v. Philippine Airlines, Inc. (GR 198534, July 3, 2013). The high court explained that employment in particular positions may not be restricted on the basis of sex, religion, or national origin unless the employer is able to demonstrate that such characteristics constitute an actual and necessary qualification for the performance of the job.
In Yrasuegui, the Court upheld the validity of the employer’s weight standards for cabin attendants, emphasizing that body weight and size are critical considerations in ensuring passenger safety during emergencies. Aircraft cabins are characterized by limited space, narrow aisles, and constricted exit doors. In such an environment, the physical build of a cabin attendant directly affects mobility and the ability to perform emergency evacuation procedures. The Court held that it would be unreasonable to require airlines to individually assess each overweight attendant’s capacity to perform these duties or to reconfigure aircraft interiors to accommodate them. The Court further took judicial notice of the fact that an obese cabin attendant necessarily occupies more space than a slimmer one, which may obstruct passenger movement during evacuations.
In your case, the airline’s directive requiring your girlfriend, as a flight attendant, to meet prescribed weight standards constitutes a valid exercise of management prerogative. The policy is justified by legitimate safety and operational concerns and qualifies as a bona fide occupational qualification, thereby rendering it lawful and reasonable.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
