Workers’ age discrimination

Dear Atty. Chris,

I have been trying to land a job for the past six months but I am always disqualified because I am already 50 years old. Is this really a thing? Can’t 50-year-olds apply for work? Thank you. Tata Bert Dear Tata Bert,

To answer your query, there is an existing law called “Anti-Age Discrimination in

Employment Act” that prohibits employers from discriminating their applicants because of age.

Section 5 of the Act states that:

(a) It shall be unlawful for an employer to:

(1) Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age;

(2) Require the declaration of age or birth date during the application process;

(3) Decline any employment application because of the individual’s age; xxx. (Underscoring supplied)

Relative thereto, the exemptions to the above-stated discriminatory acts are found under Section 6 of the said law, which provides that:

It shall not be unlawful for an employer to set age limitations in employment if:

(a) Age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular business or where the differentiation is based on reasonable factors other than age;

(b) The intent is to observe the terms of a bona fide seniority system that is not intended to evade the purpose of this Act;

(c) The intent is to observe the terms of a bona fide employee retirement or a voluntary early retirement plan consistent with the purpose of this Act: Provided, That such retirement or voluntary retirement plan is in accordance with the Labor Code, as amended, and other related laws; or

(d) The action is duly certified by the Secretary of Labor and Employment in accordance with the purpose of this Act.

Furthermore, as referred to in your story, the company is presumed to have violated the afore-stated Section 5a(3) of RA 10911.. The said violation of law may be punished under Section 7 of the same law, which states that:

“Any violation of this Act shall be punished with a fine of not less than fifty thousand pesos (P50,000), but not more than five hundred thousand pesos (P500,000), or imprisonment of not less than three months but not more than two years, or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association or entity.”

The age qualification may not be discriminatory if the employer can prove that age is a bona fide qualification, which is necessary in the normal operation of his business or the differentiation is based on reasonable factors other than age.

Hope this helps. Atty. Chris Liquigan