Prohibition on age disclosure in job application process
Dear PAO, I am in my 50s, and I am presently looking for work. I am just wondering if companies can require me to declare my age or birth date in my application process.
Nino
Dear Nino,
The law that is relevant to your concern is Section 4 (a) (2) of Republic Act (RA). 10911, otherwise known as the “Anti-Age Discrimination in Employment,” which reads:
“Section 4. Prohibition of Discrimination in Employment on Account of Age. –
“(a) It shall be unlawful for an employer to:
“xxx
“(2) Require the declaration of age or birth date during the application process;” [Underscoring supplied]
Based on the above-mentioned provision of law, it is unlawful for an employer to require applicants to declare their age or birth date during the application process. Hence, you cannot be required by companies to declare your age or birth date. It must be clarified, however, that, under Section 6 of the same law, you may still be required to declare your age or birth date in the following circumstances, viz:
“Section 6. Exceptions. - 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.” (Emphasis supplied)
We hope that we were able to answer your queries. Please be reminded that this advice is 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.