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All Jurisprudence based

0 tracked cards Labor and Social Legislation

Anxio Logistics, a private company, posts for an "Operations Planner" with an explicit age cap: "Applicants must be under 32 years old." A 60-year-old candidate with 34 years in logistics is rejected; a 31-year-old with 6 years is hired. In a separate internal promotion cycle, a 44-year-old senior supervisor with an exemplary record is bypassed in favor of a 27-year-old with similar qualifications for the role of Operations Manager. Under Republic Act No. 10911 (Age Discrimination in Employment), which analysis best fits?

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The hiring action violates RA 10911, but the promotion action is permissible on the grounds of managerial merit and a presumed need for younger workers in long shifts; a bona fide occupational qualification defense could apply here. RA 10911 applies only to recruitment; promotions are exempt; thus only the hiring action violates. RA 10911 prohibits age-based discrimination in hiring and promotion; there is no established bona fide occupational qualification or legitimate business necessity in this scenario; therefore both actions are discriminatory; available remedies include reinstatement, back wages, actual damages, and attorney's fees; enforcement by DOLE and NLRC. Bona fide occupational qualification (BFOQ) defense is automatically available for any safety-sensitive position, so the employer could justify both actions.

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