Denying an employee's promotion due to age

Denying an employee's promotion due to age "My mother is already in her 50s and has been working in her company for 10 years. She has been due for promotion, but her company does not promote her due to her age. Instead, recently, someone much younger than her was promoted. Did the officers of the company violate any law?ArthurDear Arthur,Please be informed of the provision of Section 5 (a) (5) of Republic Act (RA) 10911, otherwise known as the ""Anti-Age Discrimination in Employment,"" which reads:""Section 5. Prohibition of Discrimination in Employment on Account of Age. – ""(a) It shall be unlawful for an employer to: xxx""(5) Deny any employee's or worker's promotion or opportunity for training because of age"" (Emphasis supplied) Based on the above-mentioned provision of law, it is unlawful for an employer to deny an employee's promotion due to his/her age as this is a form of discrimination. To do so would be a violation of said law, and is penalized under Section 8 thereof, viz:""Section 8. Penalty. – Any violation of Republic Act No. 10911 shall be punished with a fine of not less than fifty thousand (P50,000.00) but not more than five hundred thousand pesos (P500,000.00), or imprisonment of not less than three (3) months but not more than two (2) years, or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust firm, partnership or association or entity."" In your mother's situation, the officers of her company may be held criminally liable if it can be proven that they denied her promotion based on her age.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/