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AllBar 2024LABOR LAW AND SOCIAL LEGISLATIONSVI. MANAGEMENT PREROGATIVEA. Occupational Qualifications

Question

VI. MANAGEMENT PREROGATIVE: Occupational Qualifications

Discuss the following scenarios in relation to occupational qualifications:

  1. An airline company requires its pilots to have a minimum of 500 flight hours before they can be hired. Juan, who recently obtained his pilot's license, meets all the other qualifications but only has 400 flight hours. He applies for a pilot position in the company but gets rejected. Is the airline company justified in its decision? Explain.
  2. A spa owner decides to only hire female massage therapists for its establishment. Mark, a qualified and experienced male massage therapist, applies for a position in the spa but is told that they only hire female therapists. Can the spa owner legally enforce this requirement? Provide legal justification for your answer.
  3. A manufacturing company implemented a policy requiring employees to be physically fit due to the nature of the work, which involves heavy lifting and manual labor. Maria, who has a physical disability but possesses all the necessary skills for the job, applies for a position in the company. Can the company reject her application based on the physical fitness requirement? Support your answer with applicable laws.



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Bar Review Question: VI. MANAGEMENT PREROGATIVE: Occupational Qualifications Discuss the following scenarios in relation