- July 24, 2018
- Posted by: Atty. James Biron
- Categories: Labor, Legal News
About “biological differences,” the Court of Appeals upheld the Policy of the Philippine Airlines (PAL) of having mandatory retirement ages for its male and female flight attendants.
In a decision dated May 31 yet released to the media recently, the court’s 7th Division rejected the claim of discrimination by the PAL flight attendants’ union, which cited how male members retired at age 60, while their female counterparts retired earlier at age 55.
The appellate court overruled the Makati Regional Trial Court, which nullified in 2015 the retirement age provision in the 2000 to 2005 Collective Bargaining Agreement (CBA) between PAL and the Flight Attendants and Stewards Association of the Philippines (FASAP).
Going through the “Biological Differences”, although the Makati court agreed with FASAP’s female members that the two set of retirement age was discriminatory in terms of gender and equal work opportunities, the appellate court said “Biological Differences” between male and female could affect their work performance.
The core of the Job
“Passenger safety goes to the core of the job of a cabin attendant,” the Court of Appeals said in its 20-page decision.
“Airlines need cabin attendants who have the strength to open emergency doors, the agility to attend to passengers in cramped working conditions, and the stamina to withstand grueling flight schedules,” it added.
The Court of Appeals also noted the PAL’s decades of long practice of setting different retirement ages for its flight attendants and said that FASAP had “voluntarily” agreed to the policy when it signed the CBA with management.
The court said, their earlier retirement should not make female flight attendants feel disadvantaged, adding that “(this) can potentially improve their physical and mental health, that in turn can help them live longer and happier life.”
Image source: ItsACrewLife.com
