Philippine Bar review · Question

Practice question: Occupational Qualifications

Multiple Choice Medium

Practice question

A business requires a demonstrably job-related technical competency for a vacant position and applies it consistently in good faith without violating law or an enforceable agreement. Does management necessarily lack authority to use it?
  1. Yes, employers may never set job qualifications
  2. No, legitimate occupational standards fall within management’s prerogative, subject to the stated limits
  3. Yes, unless every unsuccessful applicant approves
  4. No, because any future discriminatory requirement would also be valid
  5. Yes, because only seniority may ever be considered

Legal references

  • https://lawphil.net/judjuris/juri2006/apr2006/gr_164774_2006.html — Star Paper Corporation v. Simbol, GR 164774, April 12, 2006, main decision; reasonable business necessity and occupational qualifications.
  • https://lawphil.net/statutes/repacts/ra2016/ra_10911_2016.html — RA 10911, sections 2, 5–6, age discrimination and qualified exceptions.

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