When setting age limitations in employment is lawful

When setting age limitations in employment is lawful "I recently applied for the position of computer technician, possessing all the qualifications the company was looking for. But they refused my application simply because I am already 45 years old, which to them is beyond their desired employee age. I want to know my rights under the law because I feel I was discriminated against based solely on my age.Albert Dear Albert,The rights of a job applicant like you are protected under Republic Act (RA) 10911 or the “Anti-Age Discrimination in Employment Act,” which espouses skills over age in granting employment opportunities. Section 2 of RA 10911 provides: “Section 2. Declaration of Policies. - The State shall promote equal opportunities in employment for everyone. To this end, it shall be the policy of the State to:“(a) Promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather than their age. xxx” If you were denied employment merely due to your age and no other reason was given, then the company’s act may be punishable under said law. The pertinent provision is quoted below:“Section 5. Prohibition of Discrimination in Employment on Account of Age - “(a) It shall be unlawful for an employer to:“xxx (3) Decline any employment application because of the individual’s age xxx”However, setting an age cap may fall as an exception if the same is essential to the work of a computer technician, and to the company’s business, provided the employer duly notified the Department of Labor and Employment (DoLE) prior to the imposition of age limitation. Section 6 of the same law states:“Section 6. Exceptions. - It shall not be unlawful for an employer to set age limitations in employment if: “(a) Age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular business or where the differentiation is based on reasonable factors other than age xxx”The DoLE Department Order 170, Series of 2017, Implementing Rules and Regulations of RA 10911, states:“xxx For purposes of the foregoing exceptions, an employer who invokes the qualifications as provided herein, shall submit a report prior to its implementation to the DoLE Regional Office which has jurisdiction over the workplace. The submission of the report shall be a presumption that the age limitation is in accordance with this Rules unless proven otherwise by the court.“Failure to submit said report shall give rise to the presumption that the employer is not allowed to set age limitation.”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/