UNIVERSIDAD DE MANILA

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College of Arts and Sciences

Public Administration Department

"ASSESSING THE EFFICACY OF REPUBLIC ACT NO. 10911 ON

REDUCING AGE DISCRIMINATION IN SELECTED CITIZENS
IN THE CITY OF MANILA"

In partial fulfillment of the requirements to the subject

Research I

Submitted by:

Alejano, Angelene P.
Roque, Gia Gae T.
Sabordo, Alexandra Sophia
Salani, Al-Bryant J.

Submitted to:
Prof. Rosalie M. Catu
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CHAPTER I

INTRODUCTION

Background of the Study

Republic Act No. 10911, also known as the “Anti-age Discrimination in

Employment Act”. Enacted in 2016, the goal of the law is to guarantee that

everyone has equal employment prospects and that individuals are hired on the

basis of their qualifications, expertise, and skills rather than their age. In

addition, it seeks to do deal with unnecessary age restrictions on the workplace

and guarantee that all workers receive the same treatment with regard to

compensation, benefits, training, promotion, and other opportunities for

employment, regardless of their age.

The issue of age discrimination in employment is a global concern that

has prompted legislative measures in various countries. In the Philippines, this

issue is addressed in Republic Act No. 10911. Age discrimination in the

workplace is a significant barrier that impedes the full and equal participation of

workers of all ages. It is a form of prejudice that not only affects the individual’s

employment prospects and economic stability but also contributes to social

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inequality. The enactment of Republic Act No. 10911 represents a crucial step

toward eliminating this form of discrimination and fostering a more inclusive and

diverse workforce. According to V&A The Firm (2016), the Department of

Labor and Employment (DOLE) issued Department Order (DO) No. 170, Series

of 2017, promulgating the Implementing Rules and Regulations (IRR) of

Republic Act (RA) No. 10911, otherwise known as the “Anti-Age Discrimination

in Employment Act”. The law seeks to promote equality in the workplace by

mandating companies to hire workers based on their competence, and not on

their age. The IRR apply to all employers, publishers, labor contractors or

subcontractors, and labor organizations, whether or not registered. The

Department of Labor and Employment has the authority to issue penalties for

violations of the Act.

This research aims to assess the efficacy of the Republic Act No. 10911

on reducing age discrimination in selected citizens in the City of Manila

Workforce. It seeks to understand extent to which this law has been successful

in reducing age discrimination in the workplace, the challenges encountered in

its implementation, and its overall effect on employment practices in the City of

Manila Workforce. Through this study, the researchers hope to contribute to the
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ongoing discourse on the age discrimination and provide valuable insights that

can inform the future policy decisions and strategies.

Objectives of the Study

1. To know the satisfaction of selected citizens in Republic Act No. 10911

on promoting equal opportunities in employment in the City of Manila

Workforce.

2. To determine the effectiveness of Republic Act No. 10911 on promoting

the right of all employees and workers.

3. To examine employers in the City of Manila if they follow the Republic

Act No. 10911 Section 5 "Prohibition of Discrimination in Employment on

Account of Age".

Statement of the Problem

This study is to assess the efficacy of the Republic Act No. 10911, also

known as “Anti-Age Discrimination Act” on reducing age discrimination in

selected citizens in the City of Manila Workforce.

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Specifically, it sought to answer the following problems:

1. What is the profile of the respondents in terms of:

1.1 Age

1.2 Gender

1.3 Employment status

1.4 Length of service

2. How satisfied are the selected citizens in Barangay 811 in the City of

Manila in Republic Act No. 10911 on promoting equal opportunities in

the City of Manila Workforce?

2.1 Promote employment of individuals on the basis of their abilities,

knowledge, skills and qualifications rather than their age.

2.2 Prohibit arbitrary age limitations in employment.

2.3 Promote the right of all employees and workers, regardless of

age, to be treated equally in terms of compensation, benefits,

promotion, training and other employment opportunities.

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3. Do Employers in the City of Manila Workforce follow the Republic Act

No. 10911 Section 5 - "Prohibition of Discrimination in Employment

on Account of Age"?

3.1 Advertisement relating to employment that suggests preferences,

limitations, specifications, and discrimination based on age.

3.2 Require the declaration of age or birth date during the application

process

3.3 Prohibition of discrimination in compensation, terms, and conditions

of employment based on an individual's age.

3.4 Deny any employee’s or worker’s promotion or opportunity for

training because of age

3.5 Forcibly lay off an employee or worker because of old age

3.6 Impose early retirement on the basis of such employee’s or worker’s

age
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Hypothesis

The following hypothesis was formulated by the study

Anti-Age Discrimination in Employment act has a significant effect to the work

performance of employees in the City of Manila

Significance of the Study

This study is conducted to know the efficacy of Republic Act No. 10911

on reducing age discrimination in selected in the City of Manila Workforce. The

result of this study will be valuable and beneficial to different group of people.

Employees – This study will serve as a basis of their rights and understand if

the company they are in are performing unlawful acts by performing age

discrimination.

Employers – This study will serve as an eye-opener to the employers to look for

the qualification, expertise and skills rather than the age.

Companies – The companies will gather more skilled employees that can help

them build the company’s success.

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Students – This study will help the students specifically, working students as a

basis of their rights to have a decent job despite their ages.

Researchers – The research process will serve as an experience, and expand

their knowledge about the Republic Act No. 10911 or the “Anti-Age

Discrimination in Employment Act”

Future Researchers – Increase knowledge about the Republic Act No. 10911

and apply it on the same situation.

Scope and Limitations

This study is limited on Assessing the efficacy of Republic Act No. 10911

on reducing age discrimination in selected citizens in the City of Manila

Workforce.

The main objective of this study is to be able to know the efficacy of

Republic Act No. 10911 also known as the “Anti-Age Discrimination in

Employment Act”. It is further limited to profile respondents from Barangay 811

District V in the City of Manila in terms age, gender, employment status and

length of service in their respective jobs. The responders will be the employees

and job applicants in the City of Manila.

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CHAPTER 2

REVIEW OF RELATED LITERATURE AND STUDIES

This chapter presents foreign and local literature and studies surveyed

by the researcher, which in one way or another related or has a bearing to the

present study. These are essential to the formulation of the study as well as to

the later interpretation of results.

Foreign Literature

According to Michael Pessman of “The Hill” in April 12, 2022, policies

that support age diversity in the workplace are becoming more and more

necessary in order to protect senior citizens from age discrimination. It is

unfortunate that preconceptions and ageist attitudes are still common in

numerous sectors, making it impossible for older people to find and keep a job.

It is important to remember that this has a negative impact on society as a

whole. Public policy changes are necessary to address age discrimination in

the workplace. One of the numerous challenges older workers encounters is

the belief that they are less competent and productive than younger workers.
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This claim cannot be accurate. In reality, a large number of elderly workers

have valuable skills, knowledge, and experience to offer

According to Jo Ann Jenkins, CEO of AARP (2022) A broader

perspective is provided by a recent AARP survey. It was shown that 81% of

women over 50 had experienced pressure to behave or look a certain way at

work, and nearly two-thirds (63%) of these women faced discrimination on a

regular basis. Approximately one in four (23%) of these women said they have

experienced pressure to dye their hair to cover gray areas.

Furthermore, this is not limited to women over 50. Two-thirds (67%) of working

women aged 18 and over reported experiencing discrimination at work that

affected their ability to earn a living, while 60% of women between the ages of

18 and 49 reported suffering age discrimination.

World Health Organization (2020) stated that they conducted a

systematic literature search using two databases (i.e. the Web of Science and

PubMed), looking for studies from the earliest time available till 9 September

2020. The first theme of search terms was about ageism; they included terms

related to ageist attitudes such as ageism, ageist, stereotype, prejudice, and

discrimination, considering the definition of ageism which is “stereotyping,

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prejudice and discrimination against people based on their age” regardless of

their age group. The second theme for search terms was about the workplace,

to sort out workplace ageism from general ageism in non-workplace contexts;

and they included workplace, work, worker, and employee. To maximize the

sensitivity of the search, we used Boolean operators – connecting search

words using AND, OR, and NOT (MIT Libraries, Citation.d.)—to combine the

search terms.

According to Will Kenton (2002) in the article “Age Discrimination in

Employment Act of 1967” Age discrimination in the workplace is against the law

for employees 40 years of age and above by the Age Discrimination in

Employment Act (ADEA) of 1967. It forbids companies from considering an

employee's age as a factor in hiring, firing, or promotion decisions. Reducing

the negative effects of long-term unemployment on elder workers is the aim of

the ADEA. The Congressional statement of findings and purpose states that the

Act's goal is "to promote employment of older persons based on their ability

rather than age; to prohibit arbitrary age discrimination in employment; to help

employers and workers find ways of meeting problems arising from the impact
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of age on employment."

Local Literature

According to Xianne Arcangel of “GMA News” (2018) If the goal of the

measure is to comply with the provisions of a voluntary early retirement plan or

an actual employee retirement, age limits may also be set as long as they are

consistent with the Labor Code, as modified, and other applicable laws.

According to the proposed law, employers are free from the prohibitions

outlined in the bill as long as the Labor Secretary properly certifies their actions.

The government and all of its branches, divisions, and instrumentalities, as well

as all corporations owned and controlled by the government, government

financial institutions, non-profit private institutions or organizations, are all

covered by the measure. Additionally, labor contractors, subcontractors, and

labor organizations are also covered.

Tom Heys (2023) stated in [Link] that the "Anti-Age

Discrimination in Employment Act", Republic Act No. 10911, was enacted with

the goal of advancing equal work opportunities for all. Employers are

encouraged by the Act to consider applicants' ability, knowledge, skills, and

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credentials when making hiring choices rather than just their age. It advances

the rights of all workers and employees, regardless of age, to be treated equally

in terms of salary, benefits, training, promotions, and other employment

opportunities. Department Order No. 170, Series of 2017, issued by the

Philippine Department of Labor and Employment ("DOLE"), sets the

implementing rules and regulations (the "Rules") of the Act. It prohibits arbitrary

age limitations in employment.

According to The Daily Tribune (2019) Although age may only be a

number, it actually has the power to determine employment. There is no

denying that in some businesses, younger energy may be valued more highly

than older applicants with more experience. However, businesses frequently

favor putting older, more experienced employees in positions of authority over

younger, equally competent candidates. Although employment decisions are

made at the employer's discretion and inclination, the law guarantees that

workers' rights to equal opportunity are upheld. Thus, the topic of this article is

the ban on age discrimination in work and labor.

According to QNE Software (2021) “R.A 10911: Age Discrimination Act

in the Philippines”, the unemployment rate is rising faster than it has ever been,
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making it harder than ever to find jobs. In an attempt to repeal the age

discrimination laws in the Philippines, R.A. 10911, commonly known as the

"Anti-Age Discrimination in Employment Act," went into force in July of 2016.

It is undeniable that many employers would like to recruit younger candidates

over older ones. Even so, the Philippines has the Age Discrimination Act. This

is because younger people are more adaptable to change, have fresh ideas,

and are generally more energetic. Even though older workers are still capable

of doing the same, some businesses also take a look at their physical well-

being before hiring them.

Foreign Studies

Fiske and Taylor (2021) stated that older workers, as a group, have the

distinct potential to experience age discrimination, which overlaps somewhat

but also differs from other forms of discrimination. These experiences of

discrimination are associated with their mental and physical well-being. While

age-based assessments consistently show no differences in performance

across workers, discrimination against older workers is consistently reported by

them. Beyond the well-established ageism in hiring procedures, evidence of

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prejudice in the workplace is difficult to come by. When age intersects with

other marginalized characteristics, like gender or race/ethnicity, even less is

known about how these age-related job experiences and their personal

correlates change.

Ageism, defined as the stereotypes, prejudice, and discrimination

towards people on the basis of their age can affect any age group. It can be

directed towards others or towards oneself. To date, most of the existing

literature on the topic has focused on ageism as it affects older adults, including

several systematic reviews on the determinants, impact, and measurement of

ageism and on available strategies to reduce this phenomenon stated by

Fuente-Nuñez, Cohn-Schwartz, Roy and Ayalon (2021)

According to Joanne Song Mclaughlin, PhD "Limited Legal Recourse for

Older Women's Intersectional Discrimination under the Age Discrimination in

Employment Act" (2018), Theories and empirical evidence suggest older

women face heightened discrimination on the basis of age and sex. Current

legislation does not adequately offer protection for older women in the labor

force against discrimination based on the intersectionality of age and sex. This

article explains the Age Discrimination in Employment Act and Title VII of the
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Civil Rights Act frameworks for discrimination, along with an explanation on why

courts do not recognize this cause of action.

World Health Organization, 2020 stated the studies included in this

review were published between 1995 and 2020, covering diverse samples

focused on specific countries (e.g. USA, Italy, or Brazil), while 8 out of the 15

studies (53%) focused on European countries. Most of the studies had sample

sizes of over 100 participants except one study with 78 participants. The age of

participants in the selected studies ranged widely, from 18 to 71. In terms of

measurement for assessing ageism, most of the studies included in this meta-

analysis focused on measuring perceptions such as stereotypes toward older

or younger workers rather than behavioral intention to act on different age

groups in a discriminatory way. Specifically, 24 out of 32 measures (75%) in the

15 studies examined age-based perceptions entailing particular beliefs or

thoughts

Local Studies

According to Habito, Cielito. 2018. “Should Mandatory Retirement End?”

Prior to 2010, Philippine Airlines (PAL) required female flight attendants to

resign at the age of 40. Military personnel must retire from active duty at age
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56. Therefore, workers at several banks and budgetary institutions should as

well. Elsewhere, the retirement age requirement is between sixty and sixty-five

years. Excepted from this rule are judges of the Preeminent Court, who may

continue serving until they are "more seasoned and shrewder" than 70. The

Philippine Labor Code stipulates that, without an agreement to the contrary, the

mandatory retirement age must be at least 60 years old but not older than 65.

For certain professions, mandatory retirement is clearly a desirable feature that

has widespread support. In the past, PAL allegedly suggested categorically that

female flight attendants be "provocative, overflowing, impressive, and ladylike."

Stereotypes are pervasive in many areas, age being just one of them.

Employees encounter prejudice in employment prospects more frequently as

they get older. Because of this, the government decided to enact The Age

Discrimination in Employment Act of 1967, which gives both young people and

senior citizens equal opportunities (Glenn and Little 2018).

As cited in the study of Justin Jose Bulado, Ph.D “What happens next:

Status of Negros Oriental State University Faculty Retirees 2010-2017” (2022)

In the Philippines, Ordinario (2012) reported that “the United Nations Population

Fund (UNPF) and HelpAge International estimates that from 5.91 million

Filipinos aged 60 and above, the population of the older generation of Filipinos
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will increase by 17.72 million in 38 years.” Further the report indicated that

“today’s senior citizens account for only 6.1% of the country’s population, in

2050 the projected percentage will be more than twice as large at 15.3%.” With

these perturbing facts, it is indeed imperative not only for the national

government but for the local government to take necessary actions on this

aging crisis. Of course, this does not mean that the government should prevent

or stop people from aging; but what they should do, first and foremost, is to

know about – and listen to – the concerns of the elderly. In her study,

“Concerns of the Elderly”, Carlos mentioned four (4) elderly issues that should

be known and heard. These are security in old age, occurrence of abuse

committed, health status, and impact of aging. (Carlos, 1999).

According to Aguilar, et al. (2022) in the study “Diversity and Employees’

Challenges in the workplace: The Case in Selected Resorts in Calamba, City,

Laguna, Philippines”, In the context of current concerns about

underrepresentation and discrimination, growing demand for equality and

equity in society as evidenced by organized programs, demonstrations on the

streets, and legislation, as well as the numerous studies demonstrating the

increased productivity of diverse workplaces, employers are expected to

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consider candidates' sociodemographic profiles in addition to their qualifications

and personality. Results showed that firms still have their recruitment

preferences or biases; one firm prefers hiring older staff while the other prefers

younger ones.

Synthesis

Theoretical Foundation

Relevant Theories

This narrative presents the following theories and concepts that aims to justify

and validate the cause and conclusion of this study

Critical Race Theory. It was popularized by Kimberlé Crenshaw and Derrick

Bellin 1989. Critical race theory is an academic concept that is more than 40

years old. The core idea is that race is a social construct, and that racism is not

merely the product of individual bias or prejudice, but also something

embedded in legal systems and policies. It also asserts that racism, ageism,

sexism and classism are experienced amid other layers of subordination based

on immigration status, sexuality, culture, language, phenotype, accent, age

and surname. Critical race theory states that racist behavior and
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ageist behavior are anormal practice nowadays. Aged people may be

viewed as an asset but are also viewed as a burden in the economy.

The theory supports the research because it validates that a worker's age will

have an enormous effect on how society views them. But in the same manner,

it reveals the bigger research limitation of the study. Since the study solely

looks at age the researchers will not capture the whole impact of work

productivity because there are additional factors that influence it.

Continuity Theory of Normal Aging. Robert C. Atchley made the proposal in

1989. It was said that in order to stay connected to the social environment,

older persons typically continue their earlier activities, behaviors, character

traits, and relationships with others.

The theory is significant part of the study. If the argument is right, then elderly

workers would only be competent in the activities they were proficient in when

they were younger. This will create a diversity on the possible effects

of the anti-age discrimination law depending on the type of work.

Conceptual Framework
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To elaborately discuss the parameters of the investigation, the researchers

came up with the schematic illustration of a conceptual framework, which will be
used as a guide in making the research possible.

Figure 1. Paradigm

Input Process Output

Assessing the
Efficacy of Republic Distribution of The result,
Act No. 10911 on Survey recommendation
reducing age Questionnaires and suggestion of
discrimination in this study will help
selected citizens in for the
the City of Manila enhancement of
 In-person the Republic Act
Workforce
Distribution No. 10911 that will
 Demographic benefit the
Profile of the employees and
Respondents job applicants that
 Satisfaction of in serves as the
Republic Act No. respondents of
10911 on this study.
promoting equal
opportunities in
the City of
Manila
Workforce
 Implementation
of Republic Act
No. 10911
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FEEDBACK

Definition of Terms

For a clearer and better understanding of the study, the following terms
are given their theoretical and operational meaning.

Employee

Refers to a person who performs professional, managerial or

administrative work and is paid salaries by the employer as
compensation for services rendered;

Employer

Refers to any person, natural or juridical, employing the services

of an employee or worker and shall include the government and all its
branches, subdivisions and instrumentalities, all government-owned and
-controlled corporations, and government financial institutions, as well as
nonprofit private institutions or organizations;

Job applicant. Refers to a person who applies for employment.

Republic Act No. 10911. This Act shall be known as the "Anti-Age
Discrimination in Employment Act". An Act Prohibiting Discrimination
Against Any Individual in Employment on Account of Age and Providing
Penalties
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CHAPTER 3

Methodology

Research Design

This study aims to use Descriptive Method for the reason that it is the
particular method needed to assess the efficacy of Republic Act No. 10911 on
reducing age discrimination in selected citizens in the City of Manila Workforce.
A descriptive research approach is an effective method used by researchers to
collect data regarding a certain group or events. This kind of research design
provides an accurate and comprehensive description of the characteristics and
behaviors of a specific group or subject that will help this study to Assess the
Efficacy of Republic Act No. 10911 on reducing age discrimination in selected
citizens in the City of Manila Workforce. Descriptive research provides
important insights that can guide this study and can help researchers
understand a particular problem by means of observation and data collection
on a certain topic.

Research Locale

The study was conducted in Barangay 811 District V in the City of

Manila. It is located in 1444 1st Street Fabie Subd. Paco Manila. It is further
limited to profile chosen respondents from Barangay 811 in terms of age,
gender, employment status and length of service in their respective jobs. The
responders will be the employees and job applicants in the City of Manila.
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Sample and Sampling Technique

A total of “123” citizens aged 40 and above from Barangay 811 District V
in the City of Manila were selected to be respondents of this study.

Research Instrument

This study aims to use Survey Questionnaire as the Research Instrument. The
Researchers will create a survey question to gather data from the respondents.
With the use of the survey questionnaire, the researchers are able to assess
the efficacy of Republic Act No. 10911 on reducing age discrimination in
selected citizens in the City of Manila Workforce.

Statistical Analysis

Frequency counts and Percentage were used to analyze the answers of

the respondents in specific questions in the survey questionnaire. Once all
information is gathered, it will be tallied, tabulated, and treated statistically. The
researcher will apply the percentage method as its statistical instrument to
quantify the findings. The number of respondents, with similar answers to a
given question, was divided by the total number of respondents. After which,
the result was converted in percentage by multiplying it by one hundred.
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To get the percentage, you may follow this formula:

a*b/100 percentage

where:

a= total number

b = how many percent you want to get

100 = constant

Ethical Considerations

The Researchers will conduct the study with Integrity and Fairness; to
avoid plagiarism and fabricated data, the Researchers will provide citations of
publications and articles they used as a respect to the authors. To avoid
conflicts with the respondents, the researchers will ask for voluntary
participation, informed consent and confidentiality.

Data Gathering Instruments

This study aims to use survey questionnaires as the Data Gathering

Instrument. The survey questionnaire contains the personal information of the
respondents and researcher will handle it with uttermost confidentiality. The
said survey questionnaire will help the researchers to assess the efficacy of
Republic Act No. 10911 on reducing age discrimination in selected citizens in
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the City of Manila. The survey questionnaire will be given to the citizens of
Barangay 811 District V in the City of Manila aged 40 and above.