Anti-age discrimination bill passes Congress, now waiting for PNoy’s signature

A bill banning employers from discriminating against job applicants or employees due to age will soon be sent to Malacanang for President Benigno Aquino III’s signature after hurdling Congress.

The Senate adopted the House’s version of the proposed Anti-Age Discrimination in Employment Law before it adjourned sine die last Monday.

Under the measure, employers are prohibited from publishing or posting job advertisements indicating age preferences for applicants.

They are likewise banned from requiring applicants to declare their age or birth date during the application process, declining any employment application due to individual’s age, discriminating against an individual in terms of compensation, terms and conditions, or privileges of employment on account of individual’s age.

It will also be unlawful for an employer to deny any employee’s promotion or opportunity for training because of age, forcibly lay them off on the basis of old age, or impose early retirement on the basis of employee’s  or worker’s age.

However, the measure permits employers to set age limit the age for employment if 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.

They are also granted the leeway to set age limits if the intent is to observe the terms of a seniority system in place, provided that such is not intended to evade the purpose of the proposed law.

The setting of age limits is also allowed if the intent is to observe the terms of a bona fide employee retirement or a voluntary early retirement plan consistent with the purpose of the measure, provided that it is in accordance with the Labor Code, as amended, and other related laws.

Employers are exempted from the prohibitions stated in the bill if their action is duly certified by the Labor Secretary, in accordance with the proposed law.

The measure covers all employers, labor contractors, sub-contractors and labor organizations, the government and all its branches, subdivisions and instrumentalities, all government-owned and controlled corporations, and government financial institutions, as well as non-profit private institutions or  organizations.

Violators shall be punished with P50,000 to P500,000 or imprisoned for three to two years or both, at the discretion of the court.

The Department of Labor and Employment (DOLE) shall have the authority to investigate and require the keeping of records necessary for the administration of the proposed law.

Should the bill be signed into law, DOLE shall be mandated to conduct studies and researches on minimizing impediments to the employment of older persons, and furnish such information to employers, labor groups, and the general public.

It shall also promote programs, in coordination with public and private agencies, that will further enhance the knowledge and skills of every individual regardless of age. —NB, GMA News