Flashcards Studio

NovaText Pharmaceuticals, a private manufacturing firm, posts for a regulatory affairs supervisory role with an explicit age cap: “Applicants must be under 42 years old.” A 56-year-old candidate with 25 years in regulatory affairs is rejected; a 28-year-old with 6 years is hired. In a separate internal promotion, a 45-year-old supervisor with an excellent performance record is bypassed in favor of a 29-year-old with similar qualifications for the role of Senior Regulatory Affairs Manager. Under Republic Act No. 10911 (Age Discrimination in Employment), (a) identify the controlling doctrinal framework and the basic rule on age discrimination in employment; (b) apply the rule to the two actions to determine whether they constitute violations; discuss any defenses (e.g., bona fide occupational qualification or legitimate business necessity) that could be raised; (c) outline the remedies available to the complainants and the agencies that handle enforcement.