An act declaring sexual harassment unlawful in the
employment, education or training, environment, and for other purposes.
Anti-Sexual Harassment Act of 1995 1
An act declaring sexual harassment unlawful in the employment, education or training, environment, and for other purposes.
Anti-Sexual Harassment Act of 1995 2
Policy Section 2.
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All forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.
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Definition Section 3
Anti-Sexual Harassment Act of 1995 5
Work, Education or Training Related, Sexual Harassment- committed by an employer, employee, a manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other person why, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.
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Requirements 1. H a, i o m a o a; 2. I a w o t o e e; 3. D, r o o r a s f.
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1. Having authority, influence or moral ascendancy over another; 2. In a work or traiing or education environment; 3. Demands, requests or otherwise requires any sexual favor.
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Work related environment
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The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting sail individual favorable compensation, terms of conditions, promotions, or privileges.
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Education or Training Environment 1. A o w i u t c c o s o t o; 2. A o w e, t, a o t i e t t o; 3. W s f i m a c t t g o a p g, o t g o h a s, o t p o a s, a o o b, p, o c; 4. W s a r i a i, h o o e f t s, t o a.
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1. Against one who is under the care custody or supervision of the offender; 2. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; 3. When sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; 4. When sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
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Additional way to be liable for sexual harassment
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Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.
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Duty of the Employer or Head of Office Section 4
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Duty of the employer or head of office Section 4
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Prevent or deter the commission of acts of sexual harassment and to provide procedures for the resolution, settlement or prosecution of acts of sexual harassment. More detailed duty to provide the procedures.
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Liability of the Employer, head of Office, Educational or Training Institution Section 5
Anti-Sexual Harassment Act of 1995 18
Solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken.
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Independent action for damages Section 6
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A separate and independent action for damages and other affirmative relief is allowed by this law.
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Penalty Section 7
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Imprisonment or fine or both at the discretion of the court. Imprisonment of not less than one (1) month or more than six (6) months. Fine of not less than Ten thousand pesos (P10,000) not more than Twenty thousand pesos (P20,000).