Age Discrimination Law

Enactment Of Anti-Age
Discrimination Law In The

Philippines
VLADIMIR JOPHIL S. LINAWAN
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Abstract
The Constitution mandates that the State shall afford full
protection to labor, promote full employment and equality of
employment opportunities for all.
This broad declaration ought to include that an individual
should not be discriminated because of his or her age, but this
precept seems to have been left out in labor laws.
Following the constitutional mandate, the Labor Code
specifically provided the protection of labor, promotion of full
employment, and equalization of work opportunities regardless
of sex, race, or creed; however, the same did not include age.
The void left by such flaw permitted the employers to have
free reign in the exercise of their own discretion whether or not
to accept an applicant based on his/her age.
The abuse of this discretion, however, bars competent and
skilled applicants who are considered to be past the age bracket
for employment (usually individuals 40 years old or above).
Enactment of Anti-Age Discrimination Law in The Philippines

Presently, aging in the Philippines is becoming a struggle;
many older Filipino workers are either compelled to retire early
or refused by employers upon application and must find other
sources of income.
Keeping up with an uncertain economy with a high cost of
living barely makes ends meet, especially when work is hardly
practicable upon reaching a certain age.
Therefore the enactment of a law to end age discrimination
and level the playing field in employment is timely needed.
I.
Introductory
Aging workers devise various means to gain income, some

engage in various sidelines or rackets, but many have taken
flight to look for greener pastures in foreign lands.
This is because they cannot find employment in the
country even though they have the necessary qualifications for
they are refused by many employers on account of their age.
This practice of discrimination on account of age is called
ageism or age discrimination.
The typical example of this practice can be seen in various
advertisements
pertaining
to
employment
opportunities
typically containing job descriptions and qualifications that

includes a strict age requirement.
It is evident that age
Vladimir Jophil S. Linawan
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discrimination in employment is a widely recognized form of

discrimination but taken too lightly in the Philippines.
The 1987 Constitution prescribes full protection to labor,
local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for
all. 1
This broad statement includes the command that no
individual should subjected to discrimination on account of his
/her age, sex, religion, or political beliefs. It is therefore an
oddity that the subject of age was left out in subsequent labor
legislations particularly the labor code.
In accordance with the constitution, the labor code
partially embodied the protection of equal opportunities. The
provision pertinently provides:
Art. 3. Declaration of basic policy.
The State shall afford protection to labor, promote full
employment, ensure equal work opportunities regardless of sex,
race or creed and regulate the relations between workers and
employers. The State shall assure the rights of workers to selforganization, collective bargaining, security of tenure, and just
and humane conditions of work.
1
2
[Emphasis supplied].
See Phil. Const. (1987), Art. XIII, Sec. 3

Pres. Decree No. 442 (1972) The Labor Code of The Philippines, Article 3

This declaration however did not include age, as a ground
for protection, granting employers the prerogative of barring
qualified applicants deemed to be beyond the bracket of
acceptability in terms of age.
To circumvent this circumstance, many have taken the
matter into their own hands by committing forgeries, creation
of false identities, and all kinds of deception; just to have an
impression of being young to qualify for a job, and it is the
applicant who must face the consequences of crossing the law.
Is this a risk that an applicant should to take? Just to get a job?
Why not equalize the playing field by lifting the barrier of
ageism in the field of labor and employment by implementing a
statute to cover the inadequacy of the law, and bring qualified
older applicants at par with the younger ones in terms of
employment opportunities?
Presently, the economy of the Philippines is precarious
and coupled with skyrocketing prices of basic necessities; the
need of employment for aging Filipinos becomes more important
as the years advance. Because even the benefits of retirement
have started become inadequate, and many of these people still
have families to sustain. So where do these people turn to?
The answer is employment.
However, rampant ageism in the Philippines leaves them
with slim chances.
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It is therefore significant to discuss this issue that has

always been side tracked, bring it into the light, and address it.
Hence, this work advocates the enactment of an Anti-Age
Discrimination Employment Law in the Philippines to expand
the scope of the constitutional mandate for equal employment
opportunities.
The discussion will progress in the following order: The
concept of Ageism, (2) Ageism in the Philippine Labor, (3)
Analysis, (4) Effects of Age discrimination, (5) Status Quo in
Philippine Jurisdiction, (6) Status Quo in international or
foreign
jurisdictions,
(7)
Proposals
and
Viability
(8)
Recommendation and Conclusion.
II. The Concept of Ageism.

Ageism or age discrimination is a prevalent social problem
defined as the prejudiced behavior of individuals and
systems within the culture against older adults, including
the negative consequences of stereotyping of the elderly. 3
Ageism along with racism and sexism is also a form of
discrimination, while the latter two bars the advancement of an
individual
based
circumscribes
on
his/her
gender
and
race;
Ageism
the prospects of an individual on account of
Hillier & Barrow, 2011, p. 12
his/her age 4. This type of discrimination can pervade at any age

group whether young or old, but for the purpose of this paper
the highlight would be the latter group.
The modern complexities of society render Ageism an
intricate issue, spawned and integrated as practice and custom
by varying historical, social, cultural, and psychological
influences. 5
In the context of labor, the rapid advances in technology
and industry renders dexterity and erudition swiftly obsolete,
allegedly resulting to difficulty of keeping old workers abreast in
new developments in their respective fields.
The term Detroit syndrome is used to describe older people in terms
of obsolesce that exists for cars; within the workforce, older persons
have often been considered a surplus population. As such, they
suffer the potential for being managed like surplus commodities:
devalued and discounted. 6
The quotidian practice of hiding ones age in trepidation of

being labeled as old or too old is an obvious sign of fear of aging,
it is a deplorable defense triggered by the subconscious against
discrimination or prejudice against ones age.
The modern ratiocination of competency in employment
and labor, more often than not, produces unequal or bias
Ibid.
Ibid.
6
Ibid.
4
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treatment among employees/workers with the scales tipping in

favor of their younger counterparts, the rationale is that new
and younger generations are more acclimatized to the advances
modern technology; hence more eligible.
In a nutshell, Ageism is the treatment of an individual as
second class or inferior just because of his/her age.
II-A. Ageism in Labor Discrimination of Older Workers.

Individuals aged 45 and older are generally referred to as
older workers. 7 When compared to younger generations in the
workplace, myths of older workers being unproductive and
snail-paced in adapting to new innovations in technology, like
new
generation
computers
and
their
corresponding
applications, are prevalent.

Even before reaching the age 8 in the quoted definition
many applicants already have difficulty in finding jobs.
This problem is much more severe for those who already
been categorized as older workers, especially in the Philippines
where there is no law regulating the caprice of employers in
prescribing age requirements as condition necessary for
employment.
7
8
Erber, 2011, p. 297

In some cases in the Philippines ages 35 to 40 begin to experience employment age discrimination.
It must be emphasized that age should not be the

determining factor in finding work but the individuals dexterity
to perform the job; jaundiced generalization of older workers
permeates the field of labor.
The older laborer is thought to be an accident or illness
prone, inclined to have a slow reaction time, and posses
faulty judgment. 9
Similar prejudicial presumptions greatly fuel job age
discrimination; on the contrary these biased presumptions have
been debunked by studies showing that older workers are at
par with their younger counterparts or even superior as one
study exhibited that.
x x x Older workers have superior attendance records; that they are
likely to be stable, loyal and motivated x x x 10
II-B. In the Philippines.

The Philippines badly needs to enact a law prohibiting age
discrimination. Why? Because the same is rampant and is the
major cause of unemployment in older age groups and is
contrary to the mandate of the Constitution for equal
employment opportunities.
Hillier & Barrow, 2011, p. 209

Id., p.215
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It is not new for Filipino workers to find employment

abroad; this is especially true to the aging segment of the labor
force. Many of these workers in overseas have been longing to
return to their homeland and re-unite with their families but
could not do so, some choose to bring their families and start
life anew in foreign soil.
The fact that these people are left with such choice is that
there are no alternatives for them here if they come back.
Together with low salaries, the biggest obstacle standing,
is that returning workers may discover themselves ostracized,
and suddenly inept for the equivalent employment in the local
arena, even though it is evident that they have the desired
qualifications and experience suited for the job.
Employers are finding more ways to restrict jobs to
specified age groups by setting age qualifications. By setting
these age qualifications employers can take advantage of
younger workers by offering a lower pay rate and assuming that
younger individuals are willing and capable of working extended
shifts.
Today, many want ads are still stating a preferred age range of 2028
years old for entry-level positions and up to 44 years old for
managerial levels. With such a low age bracket to find work, many
employers are lowering the required retirement age to as low as 50.
It is becoming more difficult for those over the age of 50 to find work
10
and with no laws to defend the elderly in the work force; many
Filipinos are resorting to finding work outside of the country. 11
The towering toll of unemployment in the Philippines is

one of the factors that enable many employers to determine
requirements as to the age, height, gender, and even the
physical appearance of prospective applicants.
The
following
images
show
the
faade
of
such
discrimination.
11
Age Limit and Job Discrimination in the Philippines. (2011, July 30). Retrieved August 20, 2014, from
http://www.pinoy-ofw.com/news/14429-job-age-discrimination-work-philippines.html
10
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These examples above illustrate the bias of employers for

younger workers, try to peruse a newspaper and you can spot
three to five or even more hiring advertisements similar to these,
and since there is no law prohibiting such opportunity depriving
practice, employers can impose it with impunity.
The constitution guarantees equal opportunities for
workers,
and
publishing
this
kind
of
discriminatory
requirement should be frowned upon, in the first image, whats

the difference between a 35 and 50 year old store manager
besides age? In fact in terms of experience and credentials the
latter may even be superior.
There should be no reason to bar an applicant beyond 35
years old, this exercise of management prerogative is ridiculous
aside from being prejudicial to deserving older employees; and
should therefore be put to an end by enacting a law proscribing
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age discrimination in employment; penalizing employers
committing such discrimination including the publication of the
same in newspapers or any medium of advertisement.
Employment should be open to every individual that
possesses the skill qualifications, age should not be a
requirement for employment. Unless it can be shown in good
faith that the performance of a particular job is hazardous or
unsuitable to older persons.
III. Analysis
As to the reasons why age discrimination is prevalent in
the Philippines, it can be inferred that some employers are
trying to take advantage of unseasoned applicants who, for lack
of experience, do not have the place to demand higher
compensation; and unwitting of the benefits and privileges
granted by law.
In comparison, seasoned applicants have, in their hands,
a good bargaining chip their experience and skill which gives
them a good stance to demand and negotiate.
However, the fatal flaw of our labor statutes is that there
is no law enjoining employers from imposing arbitrary age
requirement, and many opportunistic employers freely exploit
this loophole and continue to press for age as one of their
primary requirements to accept an applicant; which in turn
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creates a barrier against older individuals of equal or even

superior quality in terms of experience and skill.
Corrupt practices (favoritism, politicking, etc.) plaguing
the office bureaucracy may also be the cause of barring qualified
employees, but are considered to be over-the-hill candidates
from obtaining a promotion, benefit, or privilege as against their
younger counterparts; or entry to the company in case of
prospective employees.
The thought of employing younger people who can afford
taxing hours of work also contributes to this discrimination.
Thus, in order to rectify this incorporated error in the
culture of Filipino employment a relevant law expressly treating
this issue must be passed.
IV. Effects of Age Discrimination in Employment

The effects of age discrimination are wide and far reaching;
because of it, many older Filipino workers have taken flight to
other countries to seek better fortunes and have endured being
alone and far from their families.
It also spawned undesirable practices like hiding ones age
by forging, or tampering official documents such as birth
certificates; age discrimination has also displaced older
employees on account of their age through forced early
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retirement or denial of benefits and privileges given to younger

employees of equal rank and value of work.
For those who do not have the capacity to go abroad, they
are left with nowhere to go.
Aside
from
the
economic
consequences
of
age
discrimination, its mental and emotional effects must be

considered such as low self-esteem, anxiety, unproductivity,
increased absenteeism, and lack of interest in responsibilities
as in the case of older employees being discriminated in their
workplace.
For an older applicant, continued rejection may lead to
feeling forlorn which may eventually lead to depression, and
worse death.
The foregoing statements can be summarized similarly
into what the Supreme Court of the Philippines enunciated in
one case.
Unemployment brings untold hardships and sorrows on those
dependent on the wage-earner. The misery and pain attendant on the loss
of jobs then could be avoided if there be acceptance of the view that under
all the circumstances, the workers should not be deprived of their means
of livelihood. 12
12
Almira vs. B. F. Goodrich Philippines, Inc., G.R. No. L-34974, July 25, 1974, 58 SCRA 120.
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An offshoot effect of Filipino workers leaving for abroad is

that their children are left in the homeland without guidance
which in turn, may be in danger of being lost and end up
becoming another undue burden for the society to bear; it is a
total mockery of the declaration of the 1987 constitution:
The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social
institution. X X X X..
The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of
moral character shall receive the support of the Government. 13
[Emphasis Supplied]
V. The Status Quo in the Philippines

Though the issue has reached the halls of the congress,
and with a bill already pending in senate, the likelihood of the
passage of a law remains to be seen, below is a reproduction of
an article written by Janvic Mateo in The Philippine Star.
MANILA, Philippines - Congress is being asked offline and online to pass

a law banning age discrimination in workplaces.
Quezon City Councilor Lena Marie Juico has filed a resolution asking her
colleagues in the city council to support a bill of Sen. Pia Cayetano seeking
to penalize an employer, labor contractor or labor organization for
discrimination against any person because of age.
Over 5,000 netizens are now backing the online petition just over a month
after it was filed in platform Change.org.
13
Phil. Const. (1987), Art. II, Sec. 12
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The proposed Anti-Age Discrimination in Employment Act of 2013 is

currently pending on second reading. Senators Miriam Defensor-Santiago
and Jinggoy Estrada have also filed similar bills.
Juico said capable and able individuals are denied employment benefits,
if not employment opportunities, as prejudice against an aging workforce
is evident in the qualifications posted in job notices and advertisements.
No person should be discriminated against due to age, sex, creed, political
inclination or status in life, she said. The basis for employment should
be the skills and qualifications necessary to perform the occupation.
Cayetanos bill seeks to prohibit the publication of an employment notice
specifying age preference; the requirement on an applicant to declare age
and birth date; declining an employment application by reason of age;
discrimination in terms of compensation, conditions or privileges because
of age; and the forcible laying off, or even early retirement, of an employee
because of age.
It also aims to ban labor contractors from refusing to refer for employment
an individual because of age and for a labor group to deny membership or
cause an employer to discriminate against a person because of his age.
Exceptions are cases where age is an occupational qualification reasonably
necessary for the normal operation of a particular business, or where the
intention of the employer is to observe the terms of a seniority system and
employee retirement plan in his company.
The proposed fines for violators would range from P50, 000 to P500, 000
or imprisonment of up to two years. 14
This is an interesting development since the bill proposed

by Senator Cayetano is similar to the provisions of ADEA in the
United States of America, which specifically tackles the issue it
is a major step towards the goal of enhancing equal employment
14
Mateo, J. (2014, June 11). Law vs age discrimination in employment sought. . Retrieved August 3, 2014,
from http://www.philstar.com/headlines/2014/06/11/1333431/law-vs-age-discrimination-employmentsought
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opportunities, and finally put an end to age discrimination in

the Philippines.
However, reiterating the fact that the passage of this bill
remains to be seen, because it seems that the congress
currently have other priorities; as they have been silent with
regards to the progress of the bill; but then again, this issue
might eventually be side tracked and eventually be buried in the
pile of pending bills in the congress.
Hence the necessity of this bill needs to be asserted for the
sake of older workers who cannot find proper employment
because their age.
VI. Status Quo in Foreign Jurisdictions

In some jurisdictions, like the United States of America,
age
discrimination
in
employment
has
been
expressly
prohibited, particularly by Age Discrimination Act of 1967.

The prohibition extends from employment practices of
employers, labor organizations and to the publication of
advertisements as well as notices.
The federal Age Discrimination in Employment Act
(ADEA) prohibits age-based discrimination against older
workers through hiring, firing, layoffs, compensation and other
conditions of employment. The law covers most workers age 40
and older in firms with 20 or more employees.
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In the United Kingdom, where ageism was also rampant
until a similar law was implemented. The Equality act of 2010
supplanted the earlier Equality Act of 2006. It boosted equal
opportunities in employment by incorporating the four major
Equal Treatment Directives of the European Union, which also
included provisions against age discrimination.
In the international arena, the International Labor
Organization has included in its Four Fundamental Principles
and Rights at Work- the Elimination of Discrimination in
Respect to Employment and Occupation.
VII. Propositions and Viability

Considering the employment and economic situation of
the country, the enactment of the Anti-Age Discrimination Law
in Employment bill should be taken as priority by the congress
for when every individual returns home empty handed and
barren after a day of search for means of lawful survival. More
stomachs are growling hungrily and the day will come that these
jobless individuals -discriminated, because of their age may
possibly, if not take flight to overseas, become engaged in illegal
activities, and worse end their lives out of desperation.
In the light of the reasons and discussions in previous
sections of this paper, the author strongly supports and
proposes the prioritization of the enactment of the Anti-age
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Discrimination in Employment Act of 2013 currently lodged in

the Senate. To end once and for all age discrimination in labor.
Below is the full reproduction of the bill
----------------------------------------------------------------------------SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. No. 29
EXPLANATORY NOTE
In these times of global economic recession, a number of our
countrymen have lost their jobs, and many employers have limited the
work hours of their employees and reduced their take home pay.
Unemployment rate has gone up, especially as fresh graduates continue
to join the labor force. As an ill-effect a new type of discrimination has
emerged, discrimination against an individual due to age. These displaced
workers face a bleak future, especially as most employers prefer young
employees prejudice against an aging workforce is evident in the
qualifications posted in job notices and differences in benefits received.
The Constitution mandates the State to promote equally of
employment opportunities for all. This means that an individual should
not be discriminated against due to his age, sex, and creed political
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inclination, or status in life, the basis for employment should be the skills
and qualifications necessary to perform the occupation.
This bill seeks to eliminate age discrimination in employment by
prohibiting and penalizing any employer, labor contractor, and labor
organization that will discriminate against any individual because of his
or her age.
In view of the foregoing, approval of this bill is earnestly requested.
S.G.D
SENATOR PIA S. CAYETANO
--------------------------------------------------------------------------------------------------------------------------------
AN ACT
PROHIBITING THE DISCRIMMINATION ON THE EMPLOYMENT OF
ANY INDIVIDUAL ON THE BASIS MERELY OF AGE
Be it enacted by the Senate and House of Representatives of the
Philippines in
Congress assembled:
SECTION 1. Short Title. -The Act shall be known as the "Anti-Age
Discrimination in Employment Act of 2013
SECTION 2. Declaration of Policies. The state shall promote equal
opportunities in employment for everyone. To achieve this end it shall be
the policy of the State to:
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a.) Promote employment of Individuals on the basis of their

abilities and knowledge, skills and qualification rather
than their age.
b.) Prohibit arbitrary age limitations in employment.
c.) Assist both employers and employees in devising ways to
resolve problems that may take place as a direct or indirect
impact of age discrimination on employment.
SECTION 3. Recognition of Rights. Pursuant to the above-declared
principles, the following rights of citizens are hereby acknowledge, and the
State guarantee their enjoyment to:
a.) The right to qualify for a position regardless of age, and on
the basis their merits and qualifications
b.) The right of older applicants or employees be treated
equally with the younger applicants or employees in terms
of
hiring,
compensation,
promotions,
and
other
employment activities.
c.) The right of any individuals to access public records in the
exercise of his or her rights granted under this Act.
SECTION 4. Definition of Terms. The following terms shall have their
respective meanings:
a.) Employee includes any individual employed by an
employer.
b.) Employer includes any person acting directly or
indirectly in the interest of an employer relating to an
employee and shall include Government and all its
branches,
government
subdivisions,
owned
or
and
instrumentalities,
controlled
corporations
all
and
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institutions as well as non-profit private institutions or
organizations.
c.) Job Applicant includes any person who applies for a
specific and vacant position for which an employer is
seeking candidates, met the predefined documented
minimum requirements related to a specific open position,
applied for the position during the period that the applicant
flow log remained open, and who complied with the hiring
organizations formal recruitment practices.
d.) Labor
Contractor
means
any
person
regularly
undertaking with or without compensation to procure

employees for an employer or to procure for employees
opportunities to work for an employer and includes an
agent of such person.
e.) Labor Organization means any union or association of
employees which exists in whole or in part for the purpose
of collective bargaining, or for dealing with employers
concerning terms and conditions of employment.
f.) Publisher includes any person or juridical entity engaged
in the printing of information on paper and its distribution,
buying or otherwise securing of airtime or space on
television, radio, internet and similar media, or other
similar methods.
SECTION 5. Employers Covered. The provisions of this Act shall apply
to all employers, including national and local governments. It shall also
apply to labor contractors and labor organizations.
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SECTION 6. Individuals Covered. The provisions of this Act shall apply

to all individuals whether employees or job applicants who may be subject
to discrimination in the workplace, or hiring process, due to age.
SECTION 7. Education and Research Programs. - The Department of Labor

and Employment (DOLE) Shall:
a.) Conduct studies and researches, and come up with
corresponding
guidelines
aimed
at
minimizing
impediments to the employment of older persons, and

furnish such information to employers, labor groups, and
the general public; and
b.) Promote programs, in coordination with public and private
agencies that will further enhance the knowledge and skills
of every individual regardless of age.
SECTION 8. Prohibition of Age Discrimination.
a.) 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 internet, any notice of
advertisement
relating
to
employment
suggesting
preferences, limitations, specifications, and discrimination

based on age;
2.) Require the declaration of age or birthdate during the
application process;
3.) Decline any employment application because of the
individuals age;
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4.) Discriminate
against
an
individual
in
terms
of
compensation, terms and conditions, or privileges of

employment on account of such individuals age;
5.) Deny any employees promotions or opportunities for
trainings on the basis of his/her age;
6.) Forcibly lay-off an employee merely because of old age
7.) Impose early retirement on the basis of such age and
8.) Reduce wage rate of any employee just to be able to comply
with this act.
b.) It shall be unlawful for a labor' contractor to refuse to refer for
employment, or otherwise discriminate against any individual
because of such person's age.
c.) It shall be unlawful for a labor group to
1.)
Deny membership to any individual because of his/her

age.
2.)
Exclude from its membership any individual because of

such Individuals age; and
3.)
Cause or attempt to cause an employer to discriminate

against an individual in violation of this act.
d.) It shall be unlawful for a publisher to print or publish any notice

of advertisement relating to employment suggesting references,
limitations, specifications, and discrimination based on age.
SECTION 9. 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 the particular business,
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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 tile terms of a bona fide employee

retirement or a voluntary early retirement plan consistent
With tile purpose of this Act; Provided, that such retirement
or voluntary retirement plans are in accordance with the
Labor Code, as amended, and other related laws, and
d.)
The action is duly certified by the Secretary of Labor and

Employment in accordance with the purpose of this Act
SECTION 10. Investigation and Enforcement. - The DOLE shall have the
authority to investigate and require the keeping of records necessary for
the administration of this Act. It shall issue such rules, regulations, orders
and instructions as it deems necessary and appropriate to carry out its
responsibilities under this Act.
SECTION 11. Penalty. - Any violation of this Act shall be punished with 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.
SECTION 12. Separability Clause. - Should any provision herein be
subsequently declared invalid or unconstitutional the same shall not affect
the validity or the legality of the other provisions not so declared.
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SECTION 13. Repealing Clause. - All laws, presidential decrees, executive

orders rules and regulations, other issuances, and parts thereof, which
are inconsistent with the provisions of this Act, are hereby repealed and
modified accordingly.
SECTION 14. Effectivity. - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in at least (2) newspapers of general
circulation.
Approved,
------------------------------------------------------------------------------------------
The foregoing bill closely resembles the ADEA or Age

Discrimination in Employment Act of 1967, a law in the United
States of America expressly prohibiting age discrimination.
As to the viability of the enactment of this bill, there is no
doubt that it can be achieved. Provided, that there is political
will to enact it, the only obstacle to this, is, as usual politicking,
lobbying, corruption, and retardation of the legislative process
due to factional inclinations of lawmakers and other political
theatrics common to the Philippine government.
Absent these reprehensive norms there is no reason that
the bill would not prosper as the intent of the law is not harsh
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nor unreasonable, but practical in the light of the prejudicial

circumstances surrounding the elderly in the workforce.
Aside from the usual political intrigues in the legislature
that slows down the passage of an important bill like this into a
law there are certain legal precepts that needs to be addressed
or clarified first such as constitutionality, and encroachment
to management prerogative.
Constitutionality.
It has already been repeated over and over again that the
necessity of the enactment of the anti-age discrimination bill
stems from the constitutional mandate that the State shall
afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of
employment opportunities for all. 15
In rhyme with the discussions in the earlier parts of the
paper this bill certainly does not conflict with the provisions of
the 1987 constitution. In fact, the enactment of the bill would
make the broad definition more precise and inclusive in its
protection of equality of employment opportunities and fulfill
the intentions of the framers of the constitution.
15
Phil. Const. (1987), Art. XIII, Sec. 3.
27
28

Although not an age discrimination case, the decision
below by the Supreme Court of the Philippines outlined
principles in equality of opportunities. The court said:
Public policy abhors inequality and discrimination is beyond
contention.
Our Constitution and laws reflect the policy against these
evils. The Constitution[in the Article on Social Justice and Human
Rights exhorts Congress to "give highest priority to the enactment of
measures that protect and enhance the right of all people to human
dignity, reduce social, economic, and political inequalities."
The very broad Article 19 of the Civil Code requires every
person, "in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty
and good faith."
International law, which springs from general principles of
law, likewise proscribes discrimination. General principles of law
include principles of equity, i.e., the general principles of fairness
and justice, based on the test of what is reasonable. The Universal
Declaration of Human Rights, the International Covenant on
Economic, Social, and Cultural Rights, the International Convention
on the Elimination of All Forms of Racial Discrimination, the
Convention against Discrimination in Education, the Convention
(No. 111) Concerning Discrimination in Respect of Employment and
Occupation.-
all
embody
the
general
principle
against
discrimination, the very antithesis of fairness and justice.

The Philippines, through its Constitution, has incorporated
this principle as part of its national laws.
28
29
BSLM-4A
In the workplace, where the relations between capital and

labor are often skewed in favor of capital, inequality and
discrimination by the employer are all the more reprehensible.
The Constitution also directs the State to promote "equality of
employment opportunities for all. 16
By analogy, the same principles necessitate the enactment

of an anti-age discrimination law to further promote equality of
opportunities in the labor and employment, as it is not only
mandated by the constitution but also by public policy, the
general principles of law, and international laws through
conventions.
A person who does not have any property has only his job
or employment as his livelihood, and an older employee or
applicant deprived of such livelihood is equivalent to deprivation
of property.
Management Prerogatives.
In relation to the preceding paragraph the question as to
Whether or not the implementation of this law invades the
prerogative of an employer to impose its own rules and
regulations including the qualifications of a particular job?
16
International School Alliance Of Educators (Isae) Vs. Quisumbing, G.R. No. 128845. June 1, 2000.
29
30
The answer is negative, what is merely prevented by the

proposed law is the imposition of arbitrary qualifications based
on age of an individual it does not curtail the right of an
employer to set its own standards in accepting a prospective
employee.
In fact if one would refer to foreign jurisprudence, since
our jurisprudence do not have any primary authority dealing
with age discrimination, particularly a case decided by Unites
States Court of Appeals it is the initially plaintiff that carries the
burden to make a prima facie case of age discrimination.
The plaintiff initially has the burden to establish a prima facie
case of discrimination. A prima facie case creates a rebuttable
presumption of discrimination.
The burden then shifts to the defendant to provide a
legitimate, nondiscriminatory reason for the adverse employment If
the defendant provides such a reason, the presumption disappears,
and the burden shifts back to the plaintiff to show that the proffered
reason was pretext for age discrimination. At all times, the ultimate
burden of persuasion is on the plaintiff.
To satisfy the prima facie burden in an age discrimination
termination case, plaintiff must show he was: (1) a member of the
protected class; (2) qualified for his position; (3) terminated; and (4)
replaced by someone sufficiently younger to permit an inference of
age discrimination. 17
17
RAMLET v. JOHNSON COMPANY No. 07-1089. November 16, 2007.
30
31
BSLM-4A
While not binding, the above cited decision of the U.S.

Court
of
Appeals
discrimination
laws
shows
do
not
that
enactment
mean
the
of
anti-age
destruction
and
oppression of management.
Furthermore the 1987 constitution provides that:
The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in the fruits
of production and the right of enterprises to reasonable returns to
investments, and to expansion and growth. 18
The preceding provision explicitly states that both rights

of employees and employers are protected by the state hence
the enactment of an anti-age discrimination law does not
prejudice the employers nor its prerogative lay down rules and
qualifications so long as those are done in good faith. To
reiterate the object of the law is not cut down management
prerogatives but to protect older applicants and employees from
the wrongful and capricious exercise of such.
Therefore following the said justifications it can be soundly
concluded that the enactment of the anti-age discrimination bill
is both politically and legally viable. Provided that in the former
18
Phil. Const. (1987), Art. XIII, Sec. 3, Par. 3
31
32

the legislature should focus their attention in what they are
supposed to do rather than dangle in useless issues.
VIII. Conclusion
In the light of the preceding discussions it can be concluded
therefore that:
Ageism being rampant in the field of Labor and
Employment needs to be stamped out to provide equal
opportunities to older workers who are willing, able, and
qualified to the job.
The labor code and other labor laws are insufficient in
preventing age discriminatory practices.
The insufficiency of the law to stop age discrimination
gave employers the license to wantonly set qualifications
against older workers.
In addition to mass emigrations, and joblessness, ageism
spawns evil practices which primarily involve forgeries
and other forms of deception.
Age discrimination adversely affects the psyche of older
workers, which frequently results to desperation, and in severe
cases loss of life
The issue of unemployment in the Philippines particularly
to older persons can be attributed to multifarious reasons. But
it can be openly deduced that it is the lack of law protecting
32
33
BSLM-4A
these older individuals from discrimination in employment by

mere reason of age that the rate of unemployment of older
individuals in the country continues to rise.
Age discrimination in employment had been existing in the
midst of the Philippine society for decades, though our present
charter prescribes equality of work opportunities, it is strange
to see that labor laws left the matter out and there had been no
motions from the legislature to cover the same until recently 19,
in the same vein the Supreme Court is yet to rule or express its
opinion about age discrimination in employment.
In contrast, foreign jurisdictions like the United States as
an example, have dealt with the problem since 1967 by enacting
a law proscribing age discrimination in employment.
In the international perspective age discrimination is really
frowned upon by many conventions such
Philippines as a developing country, reliant on skilled and
experienced workers, should follow suit and deal with age
discrimination, it can be argued that young people have a lot of
potential, yes, but experienced workers is what the industry
needs and instead letting these older people go to abroad and
let foreign hands exploit their valuable experience. The state
19
The passage of the Anti-Age Discrimination Act of 2013 still remains to be seen as the legislature is
currently embroiled in political controversies. The bill has not progressed since it passed the first reading.
33
34

should take upon itself to protect and nurture them in their own
homeland.
It has been already twenty seven years since our present
charter came into existence it is high time that a law, that will
completely give life its slumbering purpose of promoting
equality of opportunities of work, be enacted.
The laborers representatives should not sleep on the right
of their sector not to be discriminated by mere reason of age.
Therefore, to remedy the problems presented by age
discrimination the author recommends that the legislature
should pass the Anti-Age Discrimination Act currently pending
in the senate expeditiously
The idea of young workers being more capable than older
workers is an illusion that needs to be dispelled in the field of
labor; all individuals should be afforded an opportunity to be
employed regardless of age, so long as they are capable of
performing the job.
-END-
34
35
BSLM-4A
Bibliography
Erber, J. T. (2011). Aging and Older Adulthood. Chichester: Wiley
Blackwell.
Hillier, S. M., & Barrow, G. M. (2011). Aging, the Individual, and Society.
Belmont, CA: Wadsworth Publishing Co.
OFW, P. (2011, July 30). Age Limit and Job Descrimination in The
Philippines. Retrieved September 15, 2014, from PINOY-OFW.COM:
http://www.pinoy-ofw.com/news/14429-job-age-discrimination-workphilippines.html
Pres. Decree No. 442 The Labor Code of The Philippines. Retrieved
October 12, 2014, from http://www.dole.gov.ph/labor_codes.
Phil. Const. (1987). Retrieved October 12, 2014, The Official Gazette of The
Philippines Online.
Jerald RAMLET. v. E.F. JOHNSON COMPANY. United States Court of

Appeals,Eighth Circuit. No. 07-1089., November 16, 2007. Retrieved
October
12,
2014
from
http://caselaw.findlaw.com/us-8thcircuit/1144351.html.
Almira vs. B. F. Goodrich Philippines, Inc., G.R. No. L-34974, July 25,
1974, 58 SCRA 120.
35

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Enactment Of Anti-Age

Discrimination Law In The

Enactment of Anti-Age Discrimination Law in The Philippines

Aging workers devise various means to gain income, some

typically containing job descriptions and qualifications that

It is evident that age

Vladimir Jophil S. Linawan

discrimination in employment is a widely recognized form of

See Phil. Const. (1987), Art. XIII, Sec. 3

Enactment of Anti-Age Discrimination Law in The Philippines

Vladimir Jophil S. Linawan

It is therefore significant to discuss this issue that has

Recommendation and Conclusion.

II. The Concept of Ageism.

the prospects of an individual on account of

Hillier & Barrow, 2011, p. 12

Enactment of Anti-Age Discrimination Law in The Philippines

his/her age 4. This type of discrimination can pervade at any age

The quotidian practice of hiding ones age in trepidation of

Vladimir Jophil S. Linawan

treatment among employees/workers with the scales tipping in

II-A. Ageism in Labor Discrimination of Older Workers.

applications, are prevalent.

Erber, 2011, p. 297

Enactment of Anti-Age Discrimination Law in The Philippines

It must be emphasized that age should not be the

II-B. In the Philippines.

Hillier & Barrow, 2011, p. 209

Vladimir Jophil S. Linawan

It is not new for Filipino workers to find employment

years old for entry-level positions and up to 44 years old for

Enactment of Anti-Age Discrimination Law in The Philippines

The towering toll of unemployment in the Philippines is

Vladimir Jophil S. Linawan

These examples above illustrate the bias of employers for

requirement should be frowned upon, in the first image, whats

Enactment of Anti-Age Discrimination Law in The Philippines

Vladimir Jophil S. Linawan

creates a barrier against older individuals of equal or even

IV. Effects of Age Discrimination in Employment

Enactment of Anti-Age Discrimination Law in The Philippines

retirement or denial of benefits and privileges given to younger

discrimination, its mental and emotional effects must be

Vladimir Jophil S. Linawan

An offshoot effect of Filipino workers leaving for abroad is

V. The Status Quo in the Philippines

MANILA, Philippines - Congress is being asked offline and online to pass

Phil. Const. (1987), Art. II, Sec. 12

Enactment of Anti-Age Discrimination Law in The Philippines

The proposed Anti-Age Discrimination in Employment Act of 2013 is

This is an interesting development since the bill proposed

Vladimir Jophil S. Linawan

opportunities, and finally put an end to age discrimination in

VI. Status Quo in Foreign Jurisdictions

prohibited, particularly by Age Discrimination Act of 1967.

Enactment of Anti-Age Discrimination Law in The Philippines

VII. Propositions and Viability

Vladimir Jophil S. Linawan

Discrimination in Employment Act of 2013 currently lodged in

REPUBLIC OF THE PHILIPPINES

First Regular Session

Enactment of Anti-Age Discrimination Law in The Philippines

Vladimir Jophil S. Linawan

a.) Promote employment of Individuals on the basis of their