Practice question
Two adult applicants undergo the same lawful job-relevant assessment. Employer selects the higher demonstrated qualification without using age, and the other applicant proves only that the successful applicant is younger. Which is sound?
- A younger successful applicant automatically proves unlawful discrimination.
- The age difference alone does not establish prohibited age-based selection; the actual qualification basis and evidence must be examined.
- Every skill-based distinction is forbidden.
- Only the older applicant may ever be selected.
- The employer may hide a proved age rule behind any label.
Legal references
- RA 10911 Sections 4-6, Anti-Age Discrimination in Employment Act: https://lawphil.net/statutes/repacts/ra2016/ra_10911_2016.html
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