Anti-Age Discrimination in Job Hiring

Councilor David JamoraAdhering to the “Equality of Employment Opportunities for All” provision of the 1987 Constitution, which gives older persons equal opportunity to apply for jobs for suitable employment, the City Council of Iloilo passed Regulation Ordinance 2012-196, entitled “ANTI-AGE DISCRIMINATION IN JOB HIRING ORDINANCE OF ILOILO CITY (ICADJHO)”.

Said ordinance defines the scope of age discrimination in job hiring as:

1. Public announcement to job-hiring or posting of job-hiring advertisement or notice which requires age limits, other than when required for a position or job by congressional statues and other laws superior to this Ordinance;

2. The use of age as a criterion, whether written or orally expressed, in the screening of the applicant; or

3. In any other way by which age is used to determine the qualification of the applicant.

R.O. 2012-196 states, however, that it is still the»prerogative of the employer to prescribe the qualifications of the applicant, MINUS THE AGE, and the essential functions of the work or job. A statement, oral or written, of these essential functions in the public announcement or job-hiring notice or advertisement shall serve as evidence of these essential functions.”

Because of this ordinance, therefore, other than his or her rights under the labor law and other laws protecting workers,”an older applicant has the right to complain and seek legal action when unduly discriminated in accordance with this Ordinance”.

This ordinance covers individual employers, outfits and establishments, regardless of number of employees or workers in their employ; as well as all persons of employable ages. Any employer found guilty of violating this ordinance, penalties shall be meted as follows, to wit:

First Offense : Warning

Second Offense : a fine of P1,000.00

Third Offense : a fine of P3,000.00

4th Offense and Up : P5,000.00 or cancellation of business permit

This ordinance was authored by Councilor David Raymund Jamora, co-sponsored by Councilors Nielex C. Tupas, Joshua C. Alim, Plaridel C. Nava II, Sheen Marie S. Mabilog and Lyndon V. Acap, duly seconded by Councilors Rodel F. Agado and Jason R. Gonzales. Said ordinance was enacted during the 15th Regular Session of the City Council and was presided by the City Vice Mayor, Hon. Jose S. Espinosa III.