Philippine Bar review · Question

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

Multiple Choice Hard

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?
  1. A younger successful applicant automatically proves unlawful discrimination.
  2. The age difference alone does not establish prohibited age-based selection; the actual qualification basis and evidence must be examined.
  3. Every skill-based distinction is forbidden.
  4. Only the older applicant may ever be selected.
  5. 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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