The Anti-Age Discrimination in Employment Act prohibits discrimination against any individual in employment on account of age, addressing the once-common practice of job ads specifying arbitrary age brackets. The law makes it 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; require the declaration of age or birth date during the application process; decline any employment application because of the individual's age; discriminate against an individual in terms of compensation, terms and conditions, or privileges of employment on account of age; deny any employee's or worker's promotion or opportunity for training because of age; forcibly lay off an employee or worker because of old age; or impose early retirement on the basis of such employee's or worker's age. It likewise prohibits labor contractors and recruitment agencies from refusing to refer, or discriminating against, an individual because of age, and prohibits labor organizations from denying membership or excluding a member on the basis of age. There are recognized exceptions where age may lawfully be considered: when age is a bona fide occupational qualification (BFOQ) reasonably necessary in the normal operation of the particular business or where the differentiation is based on reasonable factors other than age; when the intent is to observe the terms of a bona fide seniority system that is not intended to evade the law; when 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 law, provided the plan is not a subterfuge to evade it; and when the action is duly certified by the Secretary of Labor in accordance with the purpose of the law. Violations carry fines and imprisonment, and an aggrieved worker may file a complaint with the DOLE or the NLRC. So employers may not set arbitrary age limits in advertising, hiring, pay, promotion, training, layoff, or retirement, unless age is a genuine occupational qualification or another recognized exception applies.
Age Discrimination Is Prohibited
The law bars discrimination in employment on account of age — ending arbitrary age brackets in job ads.
Prohibited Employer Acts
- Publishing job ads with age preferences or limits (including online);
- Requiring the declaration of age during application;
- Declining an application, or discriminating in pay, terms, promotion, or training, because of age; and
- Forcibly laying off or imposing early retirement due to age. Agencies and unions are likewise barred.
The Exceptions
Age may lawfully be considered when it is a bona fide occupational qualification (BFOQ) reasonably necessary to the business, or the distinction rests on reasonable factors other than age; to observe a bona fide seniority system or a bona fide retirement/early retirement plan not used to evade the law; or when certified by the Secretary of Labor.
Practical Takeaways
- Age limits in job ads are unlawful;
- Age cannot drive hiring, pay, promotion, layoff, or retirement;
- BFOQ and bona fide seniority/retirement plans are exceptions.
Frequently Asked Questions
Is it legal to put an age limit in a job ad? No. It is unlawful for an employer to publish any employment advertisement suggesting preferences, limitations, or discrimination based on age, including on the internet.
Can an employer ask for my birth date when applying? The law prohibits requiring the declaration of age or birth date during the application process, as part of preventing age from influencing hiring decisions.
What are the exceptions to the prohibition? When age is a bona fide occupational qualification reasonably necessary to the business, when the differentiation rests on reasonable factors other than age, to observe a bona fide seniority system or retirement plan not used to evade the law, and when certified by the Secretary of Labor.
What can I do if I was discriminated against due to age? File a complaint with the DOLE or the NLRC. Violations of the law carry fines and imprisonment, in addition to the labor remedies available to the aggrieved worker.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.