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?
- Yes, employers may never set job qualifications
- No, legitimate occupational standards fall within management’s prerogative, subject to the stated limits
- Yes, unless every unsuccessful applicant approves
- No, because any future discriminatory requirement would also be valid
- 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.
Answer this question in flashcards to review your response and continue practicing.