Senate starts debates on anti-age discrimination bill

MANILA, Philippines - The Senate has started plenary debates on a bill that will outlaw age discrimination in employment, a practice that has left highly qualified individuals unable to get some jobs just because they are older.

Senators Jinggoy Estrada and Pia Cayetano have delivered their sponsorship and co-sponsorship speeches on the measure, which has the backing of various organizations that denounce all forms of discrimination in the workplace.

Estrada, chair of the Senate committee on labor, employment and human resources development, noted that age discrimination claims in the workplace tend to rise as young applicants are preferred by employers over older jobseekers.

“But both young and older workers are part of the trend of discrimination by reason of age. The jobs of older workers are vulnerable because, with their longer tenure and greater experience, they cost employers more in a tight economy. Also, stereotypes about loss of speed and acuity might make employers question the employees’ productivity. Meanwhile, young workers are denied employment due to perceived lack of loyalty, instability and experience,” Estrada explained.

Under the bill, it would be illegal to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications and discrimination of age.

It would also be illegal for the employer to require the declaration of the age or birth date of the applicant.

Employers would not be allowed to discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual’s age and to deny any employee’s promotions or opportunities for training on the basis of his/her age.

It would also be illegal to forcibly lay off an employee on the basis of old age and to impose early retirement on the same basis.

“I believe that every qualified individual needing a job must be given the chance to get employed based on his/her experience, qualification, competencies and potentials. With the increasing labor force, competition is high and inevitable but impartial treatment among the jobseekers possessing competencies that best fit the market demands must be observed,” Estrada said.

Cayetano, in her own sponsorship speech, noted that age discrimination is one of the biggest barriers to employment in this country.

“And yet there is no law to prohibit it. There is none in our Labor Code and until recently, it was not even on the policy radar screen of the Department of Labor and Employment,” she added.

Cayetano noted that the Blas F. Ople Policy Center and other major labor groups such as the Trade Union Congress of the Philippines, Federation of Free Workers, Alliance of Progressive Labor, Partidong Manggagawa and PSLINK, a federation of government unions, have expressed full support for the passage of a law to prohibit age discrimination in the workplace.

She also said that they have even formed a coalition called the “Abilidad, Hindi Edad” movement.

“While we respect the prerogative of an employer to choose the best fit for his or her company, their discretion is not absolute. It must be tempered with the principle of fairness and equal opportunity for all. Ability, rather than age, should be the test,” she said.