Has an employer ever refused you because of your age? A jobseeker is deterred from landing himself/herself a job because of age. With the new law known as the Republic Act 10911 or "An act prohibiting discrimination against any individual in employment on account of age and providing penalties therefore"does not allow employers to deny opportunities to employees on the basis of age. Employment and recruitment agencies are also prohibited from refusing to provide assistance to individuals regardless of their age from seeking employment.
Sec. 5. Prohibition of Discrimination in Employment on Account of Age
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 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.
b)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.
c) 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.
d)It shall be unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age.
Sec. 7. 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.
