Practice question
An employer calls an exclusionary criterion a bona fide occupational qualification but produces no explanation connecting it to essential work. The rejected applicants have the relevant skills. The employer says the phrase alone ends judicial review. Which is the best assessment?
- The phrase makes the criterion conclusive
- The employer must substantiate the relevant necessity and reasonableness; a label cannot replace evidence or override applicable prohibitions
- Every occupational criterion is therefore automatically invalid
- The applicants must accept any rule because they do not own the business
- The criterion becomes valid if announced after rejection
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.