Philippine Bar review · Question

Practice question: Equal Employment Opportunities (Art. XIII)

Multiple Choice Hard

Practice question

A logistics company rejects a 52-year-old applicant solely under a general youth policy. It says that physical demands make its age cap a bona fide occupational qualification, but presents no basis connecting the age cap to necessary job performance. The applicant meets the stated skills and fitness requirements. Which is the sound analysis?
  1. The phrase 'physical demands' conclusively establishes an exception.
  2. Every physically demanding job is exempt from RA 10911.
  3. The applicant must be hired solely because he is older.
  4. The asserted exception requires a genuine necessary occupational basis; an unsupported age stereotype is insufficient.
  5. Private employers may use any age proxy for merit.

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

Answer this question in flashcards to review your response and continue practicing.