Philippine Bar review · Question

Practice question: Occupational Qualifications

Multiple Choice Hard

Practice question

A company requires one spouse to resign whenever two employees marry. It offers only a general belief that married coworkers are less efficient, with no evidence of effects on the actual jobs or a reasonable business necessity. Which approach follows Star Paper?
  1. Uphold the rule solely because it appears in a handbook
  2. Require a substantiated reasonable business necessity; the stated stereotype does not establish a valid exercise of prerogative
  3. Treat every marriage-related policy as identical regardless of facts
  4. Assume the employee’s signature cures every discriminatory term
  5. Require resignation because all married people are necessarily unqualified

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.