Employers are Prohibited to Hire Workers Based on Age – DOLE

Employment of individuals should be promoted on the basis of abilities, knowledge, skills, and qualifications and not on age.

Now that the Anti-Age Discrimination in Employment Act has lapsed into a law and with its implementing rules and regulations laid down after Labor and Employment Secretary Silvestre Bello III issued on February 2, 2017 Department Order No. 170, age should no longer be a factor in hiring employees, said DOLE-7 Regional Labor Communication Officer Luchel Senarlo-Taniza.

In a recent press conference, Labor and Employment Regional Director Exequiel Sarcauga said that government has set certain measures to eliminate age discrimination, which is most of the time the clamor of older individuals seeking for work.

“We want to heighten awareness among our social partners that Republic Act No. 10911 or the Anti-Age Discrimination in Employment Act prohibits arbitrary age limitations in employment and promotes the rights of all workers and employees regardless of age,” Sarcauga added.

Noting some common hiring advertisements published in the media indicating age as one of the requirements for employment, the DOLE-7 official said that under the law, it is unlawful to 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, specification and discrimination based on age.

“We want to caution publishers not to print or publish any advertisement relating to employment indicating age as a requirement. Publishers are any person or juridical entity engaged in the printing of information on paper and its distribution, buying or securing or airtime or space on television, radio or the internet, and other similar media,” explained Sarcauga.

Employers, he continued, are also prohibited to require the declaration of age or birth date during the application process or decline any employment application because of the individual’s age.

Also not allowed is denial on employee’s or worker’s promotion or opportunity for training; forcibly laying off an employee; and imposing early retirement just because of age.

There are certain exceptions considered under the law such as setting age limitation when 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.

Violators will be fined between P50,000 and P500,000 and will be imprisoned from three months to two years at the court’s discretion.

“We are intensifying advocacy on this campaign and we want to appeal to the employers’ sector to give due respect to what the law provides. We also earnestly request job organizers and publishers to start doing away with age discrimination to support government’s agenda of providing equal opportunities in employment for everyone,” Sarcauga said. (jsme/PIA7-Cebu/DOLE-7)