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?
- The phrase 'physical demands' conclusively establishes an exception.
- Every physically demanding job is exempt from RA 10911.
- The applicant must be hired solely because he is older.
- The asserted exception requires a genuine necessary occupational basis; an unsupported age stereotype is insufficient.
- 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
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