Philippine Bar review · Question

Practice question: Equal Employment Opportunities (Art. XIII)

Multiple Choice Hard

Practice question

A company argues that equality of employment opportunities prevents it from requiring any job-related skills. It therefore selects solely by birth year, admitting that the age rule is arbitrary and fits no statutory exception. Which correction is best?
  1. Equal opportunity requires removing all relevant qualifications.
  2. Equality permits qualification-based evaluation and does not validate arbitrary age discrimination.
  3. Birth year must always control selection.
  4. Applicants have a constitutional entitlement to every available job.
  5. An employer may avoid the Act by calling its cap a skills test.

Legal references

  • 1987 Constitution Article XIII Section 3: https://lawphil.net/consti/cons1987.html
  • RA 10911 Sections 2–6, anti-age discrimination and exceptions: https://lawphil.net/statutes/repacts/ra2016/ra_10911_2016.html

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