Will the Real Third World Country Please Stand Up?

philippinesThe Philippines, a Third-World country,  adopted a new age discrimination ban last year that in some important respects is stronger than that of the U.S.’s Age Discrimination in Employment Act of 1964. 

For example, the Philippines law, which went into effect this month, makes it illegal to require job applicants to divulge their birth date or age.

According to the EEOC, it is not illegal under the ADEA to ask job applicants their age though such a request may be seen as evidence of intent to discriminate.(Of course, this is meaningless as the vast majority of job applicants will not sue).

The Philippines law makes it unlawful for an employer to publish “in any form of media” an employment advertisement that states a preference or limitation with respect to age.

Technically, it is illegal for an employer in the U.S. to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her age (40 or older). Yet, employers have for many years advertised with impunity in ways that clearly express an age bias  (ex., “enthusiastic employees for a young, dynamic company” or recent/new undergraduates).  

The Philippines law makes it illegal to deny “any employment application” because of the individuals age.

Theoretically, it is illegal under the ADEA for  employers to recruit new employees in a way that discriminates against them because of their age (40 or older). But many employers, including the EEOC and the U.S. Department of Labor, operate programs that do just that. They recruit and hire recent college or law school graduates, the vast majority of whom are under the age of 40.

According to the DOL: “Applicants must graduate from law school in Spring/Summer 2018 or be finishing a judicial clerkship or fellowship in time to start the Honors Program in September 2018.”

Finally, the Philippines’ new law prohibits mandatory retirement. The ADEA permits mandatory retirement in some circumstances, including public safety positions ( broadly defined) and high ranking executives.

So which is the real Third World country?

Advertisements

Author: pgb

Attorney at Law, author and blogger.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s