Ageism in the workplace

AGEISM is defined as the act of “stereotyping and discriminating against individuals or groups on the basis of their age.”

Patterned after the pernicious practices of sexism and racism, ageism is primarily directed against people who are past their youth. In our country, they’re called seniors, oldies or “thunders” (a play on the Filipino word “matanda” or old) by the younger set.

The prejudice against the chronologically-challenged (the politically correct term for the elderly) is felt most in the workplace.

To minimize, if not put an end, to this practice, Congress recently approved a bill known as the “Anti-Age Discrimination in Employment Act,” which is now awaiting President Aquino’s signature.

The measure prohibits the imposition of arbitrary age limitations in employment and requires equal treatment for all employees and workers, regardless of age, in terms of compensation, benefits and other related opportunities.

It makes unlawful for an employer to print or publish “in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications and discrimination based on age.”

Exemptions

The bill also prohibits an employer from requiring the declaration of age or birth date during the application process, declining any employment application due to the person’s age, and discriminating against a person on the terms and condition of his employment on account of age.

The primary objective of the bill is to compel employers to look at the job applicant’s competencies and qualifications rather than his age.

This requirement will apply to all private and public employers, including local government units, labor contractors and nonprofit private institutions or organizations.

The bill recognizes though that there are instances when a person’s age should be taken into account in determining his qualification for employment or continued stay in the workplace.

Thus, an employer will be allowed to impose certain age requirements if that’s a bona fide occupational qualification that is reasonably necessary in the normal operation of the business, or where the differentiation is based on reasonable factors other than age.

In addition, age limitations will be permitted if they are in accordance with a bona fide seniority system that is not intended to defeat the purpose of the bill.

Finally, the prohibition against discrimination will not apply if the purpose of the action is to comply with the terms and conditions of a bona fide employee retirement or voluntary early retirement plan that meets the requirements of the Labor Code.

Birth dates

Like other labor laws, the Department of Labor and Employment (DOLE) will be required to draft the rules and regulations necessary to implement the objectives of the bill. If enacted into law, the measure will have a significant impact on the hiring and employment practices of employers and may therefore require them to make some adjustments in their processes.

For one, the prohibition against requiring job applicants to write their age or birth date in their application forms could pose some problems for employers.

Note that the Labor Code does not, for health or physical reasons, allow minors to be employed in certain jobs. An employer who unwittingly employs a minor who does not look his age for a forbidden work may find itself in trouble if that error is later discovered or something wrong happens in the work premises.

Also, if the employer wants to do a background check on an applicant with law enforcement authorities, the lack of information about his birth date could make the process difficult, especially if other people have the same name.

Sooner or later, however, the employee’s age or birth date would have to be disclosed because that information is essential in his registration with either the Social Security System or the Government Service Insurance System.

Consultations

Before issuing the implementing rules and regulations, DOLE should conduct in-depth consultations with the employers who stand to be affected by the ban on ageism.

It should take into account the differences in working or employment conditions in private and government offices, more so in nonprofit private institutions or organizations that operate under unique rules or procedures owing to the nature of their objectives.

Like the issue of sexism, some social and cultural mores and traditions are bound to be affected or stepped on in making a person’s age or biological maturity a factor in his acceptance for work or continued employment.

They need to be understood without losing the overall objective of the legislative measure.

Hopefully, when the bill is finally enacted into law and its implementing rules and regulations promulgated, it will not go the way of many other labor laws that are long on rhetoric and substance but miserably fall short in implementation.

It’s sad that many of the laws that are aimed at protecting and promoting the interests of ordinary workers or employees create false hopes and high expectations for their intended beneficiary only to falter later.

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