Philippine Bar review · Question

Practice question: Age (RA 10911, Secs. 4–6; DO 170, s. 2017)

Multiple Choice Hard

Practice question

A logistics company rejects all applicants above forty for a desk-based dispatch job. Its records show no age-related legal requirement or demonstrated operational necessity. The manager says that calling the rule a BFOQ is enough and that older people are usually slow with computers. A qualified rejected applicant challenges the rule. Which is best?
  1. The BFOQ label conclusively establishes the exception
  2. Every desk job inherently requires workers below forty
  3. An unsupported stereotype does not establish a BFOQ reasonably necessary to the particular business; the company must substantiate an applicable exception
  4. A computer-related task is exempt from the Act
  5. The applicant must accept every published age ceiling

Legal references

  • RA10911, Sections2,5(a) and6(a): https://lawphil.net/statutes/repacts/ra2016/ra_10911_2016.html

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