Anti-Age Discrimination in Employment Act

Last July 21, 2016, a law was enacted to promote equal opportunities in employment for everyone.  It is called as Republic Act No. 10911 or otherwise known as the "Anti-Age Discrimination in Employment Act".

image taken from bamaquino.com

Accordingly, it is the policy of the state to promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather than their age; to prohibit arbitrary age limitations in employment; and to promote the right of all employees and workers, regardless of age, to be treated equally in terms of compensation, benefits, promotion, training and other employment opportunities.

The law covers all employers, labor contractors or subcontractors, if any, and labor organization.

What this law prohibits?

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;

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 shall be 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.

It shall be unlawful for a labor organization to:

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;

3.  Cause or attempt to cause an employer to discriminate against an individual in violation of this Act.

It shall be unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discriminations based on age.

Is this an absolute rule?

No.  It shall not be unlawful for an employer to set age limitations in employment if:

1.  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;

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

3.  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

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

Penalty for violating this law?

Any violation of this law shall be punished with a fine of not less than P50,000.00 but not more than P500,000.00 or imprisonment of not less than 3 months but not more than 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.