JUNE 1, 2016

NR # 4218B

House passes bill prohibiting age discrimination in employment

The House of Representatives has approved on third and final reading a measure
prohibiting age discrimination in employment.
Rep. Susan A. Yap (2nd District, Tarlac), principal author of House Bill 6418, is
confident that the measure would be passed into law in the remaining days of the 16 th
Congress. The Senate has concurred its approved Senate Bill 29 with the House bill.
House Bill 6418, to be known as the Anti-Age Discrimination in Employment
Act, seeks to promote equal opportunities in employment for everyone and support
employment of individuals on the basis of their abilities, knowledge, skills and
qualifications rather than their age.
It also aims to declare as policies of the State the prohibition of arbitrary age
limitations in employment and the protection of the right of all employees and workers,
regardless of age, to be treated equally in terms of compensation, benefits, promotion,
training and other employment opportunities.
The measure covers all employers, labor contractors, sub-contractors and labor
organizations, the government and all its branches, subdivisions and instrumentalities, all
government-owned and controlled corporations, and government financial institutions, as
well as non-profit private institutions or organizations.
Under the measure, it is unlawful for an employer to print or publish or cause to be
printed or published, in any form of media, including the internet, any notice of
advertisement relating to employment suggesting preferences, limitations, specifications,
and discrimination based on age.
The measure prohibits an employer from requiring the declaration of age or birth
date during the application process, declining any employment application due to
individuals age, discriminating against an individual in terms of compensation, terms and
conditions, or privileges of employment on account of individuals age.
The measure also prohibits the employer to deny any employees promotion or
opportunity for training because of age, forcibly lay-off on the basis of old age, or impose
early retirement on the basis of employees or workers age.
It is also unlawful to deny labor organization s membership to any individual
because of age, or exclude such individual from membership because of his or her age.

It is unlawful on the part of the publisher to print or publish any notice of

advertisement relating to employment suggesting preferences, limitations, specification
and discrimination based on age.
However, the measure permits employer to set age limitation in employment if age
is a bona fide occupational qualification reasonably necessary in the normal operation of a
particular business or where the differentiation is based on reasonable factors other than
age.
It is not prohibited to set age limitations in employment if the intent is to observe
the terms of a bona fide seniority system that is not intended to evade the purpose of the
proposed Act.
Also, it is not prohibited if the intent is to observe the terms of a bona fide employee
retirement or a voluntary early retirement plan consistent with the purpose of the proposed
Act, provided that such is in accordance with the Labor Code, as amended, and other
related laws.
The employer is exempted from the prohibition of the measure, if the action is duly
certified by the Secretary of the DOLE in accordance with the proposed Act.
Violators shall be punished with P50,000 to P500,000 or imprisoned for three to
two years or both , at the discretion of the court.
DOLE shall conduct studies and researches on minimizing impediments to the
employment of older persons, and furnish such information to employers, labor groups,
and the general public.
DOLE shall also promote programs, in coordination with public and private
agencies, that will further enhance the knowledge and skills of every individual regardless
of age.
The Department of Labor and Employment shall have the authority to investigate
and require the keeping of records necessary for the administration of the proposed Act.
The Secretary of DOLE shall formulate the necessary rules and regulations to
implement the provisions of the proposed Act. (30) jc