FOURTEENTH CONGRESS OF THE REPUeLIC) 
OF THE PHLPPINES 
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First Regular Session 
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SENATE 
S.No. 2043 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORYNOTE 
The Constitution mandates the State to promote equality of employment opportunities 
for all. This means that an individual should not be discriminated against due to his age, sex, 
creed, political inclination, or status in life. 
Age should not be the basis of one’s admission, promotion or continued employment. 
The demand of certain employers that an individual be of a certain age to qualify for a 
particular job is discriminatory and capricious. Age discrimination has no place in our 
society . 
This bill seeks to eliminate age discrimination in the workplace by prohibiting and 
punishing any employer, labor contractor, and labor organization that will discriminate 
against any individual because of his or her age. 


FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
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SENATE 
%No. 2043 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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ORGANIZATIONS FROM DISCRIMINATING AGAINST 
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TO PROHIBIT EMPLOYERS, LABOR CONTRACTORS AND LABOR 
ANY INDIVIDUAL BECAUSE OF AGE 
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Congress assembled: 
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Discrimination Act of 2008.’’ 
Be it enacted by the Senate and House of Representatives of the Philippines in 
SECTION 1. Short Title. - This Act shall be known as “Prohibition Against Age 
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SECTION 2. Declaration of Policy. - It is declared a policy of the State to ensure 
equal work opportunities regardless of one’s age. 
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SECTION 3. Definition of Terms. -For purposes of this Act, the terms: 
(A) “Employer” includes any person acting directly or indirectly in the interest of an 
employer in relation to an employee and shall include the Government and all its branches, 
subdivision and instrumentalities, all government-owned or controlled corporations and 
institutions, as well as non-profit private institutions or organizations. 
(B) “Labor Contractor” means any person regularly undertaking with or without 
compensation to procure employees for an employer or to procure for employees 
opportunities to work for an employer and includes an agent of such a person. 
(C) “Labor Organization” means any union or association of employees which exists 
in whole or in part for the purposes of collective bargaining or of dealing with employers 
concerning terms and conditions of employment. 
(D) “Employee” includes any individual employed by an employer. 
(E) “Secretary” refers to the Secretary of the Department of Labor and Employment 
of the Republic of the Philippines. 
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SECTION 4. Prohibited Employer Practices. - It shall be unlawful for an employer: 
(A) to fail or refuse to hire or to discharge any individual or otherwise discriminate 
against any individual with respect to his compensation, terms, conditions, or privileges of 
employment, because of such individual’s age; 
(B) to limit, segregate, or classify his employees in any way which would deprive or 
tend to deprive any individual of employment opportunities or otherwise adversely affect his 
status as an employee, because of such individual’s age; or 
(C) to reduce the wage of any employee in order to comply with the provision of this 
Act. 
SECTION 5. Prohibited Labor Contractor Practices. - It shall be unlawful for labor 
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contractors to fail or refuse to refer for employment, or otherwise to discriminate against, any 
individual because of such individual’s age, or to classify or refer for employment any 
individual on the basis of such individual’s age. 
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SECTION 6. Prohibited Labor OrganizatioH Practices. - It shall be unlawful for a 
labor organization: 
(A) to exclude or to expel from its membership, or otherwise to discriminate against 
any individual because of his age; 
(B) to limit, segregate, or classify its membership, or to classify or fail or refuse to 
refer for employment any individual, in any way which would deprive or tend to deprive any 
individual of employment opportunities, or would limit such employment opportunities or 
otherwise adversely affect his status as an employee, or as an applicant for employment, 
because of such individual’s age; 
(C) to cause or attempt to cause an employer to discriminate against an individual in 
violation o f  this Act. 
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SECTION I. Opposition to Unlawful Practices; Participation in Investigations, 
Proceedings, or Litigation. - It shall be unlawful for an employer to discriminate against any 
of his employees or applicants for employment, for a labor contractor to discriminate against 
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any individual, or for a labor organization to discriminate against any member thereof or 
applicant for membership, because such individual, member or applicant for membership has 
opposed any practice made unlawful by this section, or because such individual, member, or 
applicant for membership has made a charge, testified, assisted, or .participated in any 
mamer in an investigation, proceeding, or litigation under this Act. 
SECTION 8. Printing or Publication of Notice or Advertisement Indicating 
Preference, Linzitation, etc. - It shall be unlawful for an employer, labor organization, or 
labor contractor to 'print or publish, or cause to be printed or published, any notice or 
advertisement relating to employment by such an employer or membership in or any 
classification or referral for employment by such labor organization, or relating to any 
classification or referral for employment by such a labor contractor, indicating any 
preference, limitation, specification, or discrimination, based on age. 
SECTION 9. Exceptions. - It shall not be unlawful for an employer, labor contractor, 
or labor organization- 
(A) to take any action otherwise prohibited under sections 4, 5, 6, or 8 of this Act 
where age is a bona fide occupational qualification reasonably necessary to the normal 
operation of the particular business, or where the differentiation is based on reasonable 
factors other than age; 
(B) to take any action otherwise prohibited under sections 4, 5, 6, or 8 of this Act, to 
observe the terms of a bona fide seniority system that is not intended to evade the purposes of 
this Act; 
(C) to discharge or otherwise discipline an individual for good cause; 
(D) to observe the terms of a bona fide employee retirement or a voluntary early 
retirclnent incentive plan consistent with the relevant purpose or purposes of this Act, 
Provided, such retirement or voluntary retirement plans are in accordance with the Labor 
Code as amended and other related laws; or 
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(E) to take any other action otherwise prohibited under sections 4, 5, 6, or 8 of this 
Act, providcd that said action be duly certified by the Secretary of Labor and Employment to 
be in accordance with the purposes of this Act. 
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SCCT13N 10. Penalty. - Any violation of this Act shall be punished with a fine of 
not lcss ~liaii 1 X y -  Thousand Pesos (P50,OOO.OO) or imprisonment of not less than three (3) 
months or both at the discretion of the court. If the offense is committed by a corporation, 
trust, firm, parhership, association, or other entity, the penalty shall be imposed upon the 
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guilty officer or officers of such corporation, trust, firm, 
partnership, association, or entity. 
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remriii \.:'lid x ~ d  
subsisting. 
SEC'i'lON 11. Separability Clause. - If any provision or part hereof, is held invalid or 
unconsli!irticu: 11, the remainder of the Act or the provision not otherwise affected shall 
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SECrlON 12. Repealing Clause. - Any law, presidential decree or issuance, 
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executi\.r 01 (!L,:, 
letter of instruction, administrative order, rule or regulation contrary to, or 
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incoi,,,lsi:,.: :: 
the provisions of this Act is hereby repealed, modified, or amended 
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accordin:ly. 
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S ; X  i:L>N 13. Efectivity Clause. -This Act shall take effect fifleen (15) days after its 
publ;<a;iu,, 
111 ;;1 least two (2) newspapers of general circulation. 
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