Legal Argument #3 - Compulsory retirement is a form of Age Discrimination

Unfair or unequal treatment of an employee by an employer because of the employees age, age
discrimination is the fastest-growing type of bias charge in the workplace.
Sydney P. Freedberg, Wall Street Journal, 13 Oct. 1987
Webster's defines Age Discrimination as prejudice or discrimination against a particular age-group and
especially the elderly. (http://www.merriam-webster.com/dictionary/ageism)
The Labor Code provides for workplace protections against discrimination based on race, sex or creed,
but Age Discrimination is NOT mentioned in the law. Unfortunately, Numerous Bills have been filed
to address age discrimination but not have been approved at the time of this writing. These include:
Senate Bill No. 29, House Bill No. 2591, Senate Bill No. 1844, Senate Bill No. 394.
The Blas Ople Policy Center said the burden of providing for the family has shifted to young workers
because of the bias against hiring people above 30 years old. It has recently urged Congress to pass a
law against age discrimination as over 30 countries now have laws or policies against it.
This deters the principle of inclusive growth, and leads more people to the path of migration because
they cant even get a foot in the door for job interviews not because they are not qualified, but because
they are not of a certain age. We are talking here of jobs that should not be age-specific from
messengers to marketing agents and even managerial positions
According to Naj Ghosheh, Ageism and Age Discrimination are two distinct concepts. Ageism is a
mindset based on social relations and attitudes in society. The results of Ageism are acts of Age
Discrimination.
Ageism and its manifestation in the workplace age discrimination often create artificial
limitations with consequences for all. Artificial barriers can limit the effectiveness of older workers and
cause employers not to consider or hire them. For older workers, the obvious negative consequences
can influence their recruitment, hiring, training, working conditions and career development. For
employers, who have unfounded biases against older workers, there is a loss of experience and
efficiency in the workplace.
(Age discrimination and older workers: Theory and legislation in comparative context, Naj
Ghosheh, INTERNATIONAL LABOUR OFFICE GENEVA)
In his presentation to the United Nations Open-ended Working Group on Ageing (UNOEWG) on
Human Rights for Older People, Louise Richardson stated that: Being forced to stand down from a job
because of age is one of the most blatant forms of age discrimination... (AGE Discrimination,
Presentation to the UNOEWG on Human Rights for Older People, 22 August 2012, Louise
Richardson, Vice-President, AGE Platform Europe)

To illustrate further, the explanatory notes of various bills have been included in this paper;
Senate Bill No. 29
In these times of global economic recession, a number of our countrymen have lost their jobs,
and many employers have limited the work hours of their employees and reduced their take-home pay.
Unemployment rate has gone up, especially as fresh graduates continue to join the labor force. As an
ill-effect, a new type of discrimination has emerged - discrimination against an individual due to age.
These displaced workers face a bleak future, especially as most employers prefer young employees.
Prejudice against an aging workforce is evident in the qualifications posted in job notices and
differences in benefits received.
The Constitution mandates the State to promote equality of employment opportunities for all.
This means that an individual should not be discriminated against due to his age, sex, creed, political
inclination, or status in life, The basis for employment should be the skills and qualifications necessary
to perform the occupation.
This bill seeks to eliminate age discrimination in employment by prohibiting and penalizing any
employer, labor contractor, and labor organization that will discriminate against any individual because
of his or her age. In view of the foregoing, approval of this bill is earnestly requested.
Cayetano, Pia S., Villar, Cynthia A.
16th Congress
Senate Bill No. 29
ANTI-AGE DISCRIMINATION IN EMPLOYMENT ACT OF 2013
Filed on July 1, 2013

House Bill 2591

On 15 February 2010, Republic Act No. 9994, otherwise known as 'The Expanded Senior
Citizens Act of 2010', was signed into law. It expanded the coverage of the benefits accorded to the
elderly that includes a twenty percent (20%) discount and exemption from value added tax (VAT) in the
sale and availment of certain goods and services. It also addressed other concerns such as the provision
of senior citizens ward in hospitals, social pension for indigent Senior Citizens, mandatory coverage of
PhilHealth, access to formal and non-formal education, and the establishment of the Office of Senior
Citizens Affairs all over the country.
The new law also mandates that the government assist the elderly should they desire to be reemployed or be part of the work force through programs such as job matching. Moreover, companies
that employ senior citizens will be given tax incentives.
However, it is observed that while the new law encourages private entities to hire sernior
citizens in their emply, it does not penalize refusal on the part of private companies to hire elderly
persons. This simply eqiates to discrimination on account of old age. Thus, this proposed measure
seeks to address this concern.
The 1987 Constitution is against discrimination. Congress passed laws that prohibits
discrimination on acccount of gender such as the Anti-Violence Against Women Act and the Magna
Carta for Women. But so far, Congress has not passed any legislation prohibitng discrimination on
account of age.
Age discrimination is a reality in the Philippines. Browse through recruitment ads and one will
find age as a requirement for employment. And most often, the age ceiling is 40 years old. This
effectively bans the 40, 50 and 60 year olds from employment opportunities however able they may be.
The United States addressed age discrimination a long time ago. In 1967, they passed the Age
Discrimination in Employment Act which makes it illegal to discriminate against age. It covers a
protected class of persons aged 40 to 70. Among others, it provides that an employer cannot refuse to
hire or employ someone based on age or cannot indicate a preference, limitation or discrimination
based on age.
Our country, after passing those laws for the benefit of our senior citizens must take its next
step: Pass a law against age discrimination.
Imelda Calixto-Rubiano
Representative
Lone District of Pasay City
15th Congress
House Bill 2591
filed on August 17, 2010

Senate Bill No. 1844

The Constitution mandates the State to promote equality of employment opportunities for all.
This means that an individual should not be discriminated against due to his age, sex, creed, political
inclination, or status in life.
Age should not be the basis of one's admission, promotion or continued employment.
The demand of certain employers that an individual be of a certain age to qualify for a particular job is
discrminatory and capricious. Age discrimination has no place in our society.
This bill seeks to eliminate age discrimination in the workplace by prohibiting and punishing
any employer, labor contractor, and labor organization that will discriminate against any individual
because of his or her age.
Senator Miriam Defensor Santiago
15 Congress
Senate Bill No. 1844
PROHIBITION AGAINST AGE DISCRIMINATION ACT
Filed on July 21, 2010
th

Senate Bill No. 394

The Constitution mandates the State to promote equality of employment opportunities for all.
This means that an individual will not be discriminated against due to his age, sex, creed, political
inclination or status in life.
Age should not be the basis of one's admission, promotion or continued employment. Most jobs
do not really require that an individual be of a certain age to fulfill the demands of these jobs. This
requirement of employers is discriminatory and capricious. Age discrimination has no place in our
society. This bill seeks to eliminate such bias by prohibiting and punishing any employer, labor
contractor and labor organization who will discriminate against any individual because of his or her
age.
Thus, the immediate approval of this bill is earnestly sought.
Ejercito-Estrada, Jinggoy P.
14th Congress
Senate Bill No. 394
PROHIBITION AGAINST AGE DISCRIMINATION ACT
Filed on July 2, 2007