| As the old and overly utilized cliché goes; | | | | primary source of discrimination on account of |
| "Age does not matter." This statement would | | | | age. Age limits explicitly included on job notices |
| pertain not merely to the daily facets of | | | | can only be considered as valid if it can be vividly |
| everyday living but it would also be an appropriate | | | | proven that it is an occupational qualification done |
| statement for laws abhorring discrimination on the | | | | in good faith, and that said requirement is |
| basis of age. | | | | reasonably necessary in the businesses ordinary |
| Age has been one of the primordial considerations | | | | course. If these two conditions have not been |
| when it comes to employment discrimination | | | | complied with, then it is repugnant to existing |
| cases. Even the Employment Act which was | | | | legislations which prohibit age preferences or |
| ordained into law in 1967 provides the ample | | | | specifications included on advertisements and job |
| protection afforded to individuals subjected to age | | | | notices. |
| discrimination. Not only would this cover | | | | A prerogative is given to the employer to inquire |
| employees but even those applying for a | | | | into an applicant's age or date of birth. But despite |
| prospective position as well. The code explicitly | | | | this right, if said query would operate to deter |
| provides that it shall be unlawful to discriminate | | | | older yet, otherwise qualified workers from |
| against any person on the sole account of his/her | | | | venturing into said work then discrimination on the |
| age with respect to any term, condition, or | | | | basis of age is already prevalent. |
| privilege of employment. This consequently | | | | Governing is the rule that workers performing the |
| includes: hiring, firing, promotion, lay-off, | | | | same task without regard to their age must be |
| compensation, training, benefits, and job | | | | given the same privileges and benefits without |
| assignments. Congruently, even supplementary | | | | any favour whatsoever. Denial of benefits to |
| acts like retaliating against an individual for | | | | older employees is proscribed if the older |
| conveying an opposition against employment | | | | employee can perform the same task, with the |
| practices that revolves on an age discrimination | | | | same cost of benefits afforded to younger |
| issue, like filing a complaint, participating in any | | | | employees. In simpler terms, in ceteris paribus, |
| investigation to that effect, testifying, or | | | | when everything is held constant, then no undue |
| proceeding with litigation are also prohibited under | | | | privileges must be given on account of age of the |
| the law. | | | | industry's employees. |
| Job advertisement can also be construed as a | | | | |