Discrimination in employment on account of age
Section 5 of Republic Act No. 10911 criminalized discrimination in employment on account of age.
It is 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;
(4) Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual’s age;
(5) Deny any employee’s or worker’s promotion or opportunity for training because of age;
(6) Forcibly lay off an employee or worker because of old age; or
(7) Impose early retirement on the basis of such employee’s or worker’s age.
It became unlawful for a labor contractor or subcontractor, if any, to refuse to refer for employment or otherwise discriminate against any individual because of such person’s age. (Sec. 5(b), R.A. No. 10911)
A labor organization cannot do any of the following:
(1) Deny membership to any individual because of such individual’s age;
(2) Exclude from its membership any individual because of such individual’s age; or
(3) Cause or attempt to cause an employer to discriminate against an individual in violation of R.A. No. 10911. (Sec. 5(c)).
Finally, it was declared unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age.
An employer is allowed to set age limitations in employment, however, under the following circumstances:
(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 R.A. No. 10911;
(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 R.A. No. 10911: 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 the law. (Sec. 6, R.A. No. 10911)
Discrimination in Employment on Account of Age is penalized by a fine of not less than fifty thousand pesos (P50,000.00) but not more than five hundred thousand pesos (P500,000.00), or imprisonment of not less than three (3) months but not more than two (2) 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. (Sec. 7, R.A. No. 10911)