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sexualharassment

JDP

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Republic Act No. 7877 Anti-Sexual Harassment Act of 1995


Philippine Law Framework

Sexual Harassment

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SEXUAL HARASSMENT IS AN
UNWELCOMED BEHAVIOR IN
THE WORKPLACE OR
SCHOOL.

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Concept of sexual harassment


Part 1

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What is sexual harassment?

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Work, education or training-related sexual


harassment is committed by an employee, manager,
supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other
person who, 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
Sec. 3, R.A. is
7877
requirement for submission
accepted by the

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What is sexual harassment?

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Sexual harassment refers to behavior that is not


welcome, that is personally offensive, debilitates morale
and, therefore, interferes with work effectiveness. Such
behavior may be in the form of unwanted physical, verbal
or visual sexual advances, requests for sexual favors, and
other sexually oriented conduct which is offensive or
objectionable to the recipient, including, but not limited
to: epithets, derogatory or suggestive comments, slurs or
gestures and offensive posters, cartoons, pictures, or
drawings.
DOLE Prescribed Workplace Policy on Sexual Harassment

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What is sexual harassment?

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Sexual harassment is an imposition of misplaced


superiority which is enough to dampen an
employees spirit and her capacity for advancement.
It affects her sense of judgment; it changes her life.

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Where is sexual harassment


committed?

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EDUCATION/TRAINING
ENVIRONMENT

WORKPLACE OR
EMPLOYMENT

(1) In or outside the office


(2)
(3)

(4)
(5)

building or training site;


At the office or trainingrelated social functions;
In the course of work
assignments outside the
office;
At work-related conferences,
studies or training sessions; or
During work related travel.

In or outside the educational


or training environment

DOLE Prescribed Workplace Policy on Sexual Harassment

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Work-related/employment
(1)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 said individual favorable compensation,
conditions, promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or classifying the
employee which would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said
employee;
(2)The above act would impair the employees rights or privileges
under existing labor laws; and
(3)The above act would result in an intimidating, hostile, or offensive
environment for the employee.
Sec. 3, R.A. 7877

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Education/training
The sexual favor is committed:
(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; and
(3)When the sexual favor is made a condition to the
giving of a passing grade, or the granting of
honors or scholarships, or the payment of a
Sec.other
3, R.A. 7877
stipend, allowance or
benefits, privileges, or

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Not sexual harassment


In the workplace, sexual harassment does not refer
to occasional compliments of a socially acceptable
nature. It refers to behavior that is not welcome,
that is personally offensive, that debilitates morale,
and that, therefore, interferes with work
effectiveness.

DOLE Prescribed Workplace Policy on Sexual Harassment

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Inducer is liable

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Any person who directs or induces another to


commit any act of sexual harassment, or who
cooperates in the commission thereof by another
without which it would not have been committed will
also be held liable.

Sec. 3, R.A. 7877

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Duty of
employer / school head

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It shall be the duty of the employer or the head of the work-related,


educational or training environment or institution, to prevent or
deter the commission of act of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of
sexual harassment.
They are mandated to specifically do the following:
(1) Promulgate rules and regulations against sexual harassment
This should be in consultation with and jointly approved by the
employees, or students or trainees, through their duly authorized
representatives, prescribing the procedures for the investigation of
sexual harassment cases and the administrative sanctions therefor.
Sec. 4, R.A. 7877

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Duty of
employer / school head

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(2) Create a Committee on Decorum and Investigation of cases on sexual


harassment. They shall conduct meetings to increase awareness and
prevent incidents of sexual harassment. They are responsible for
conducting the investigation.
In the workplace, the committee should be composed of at least one
representative from the management, the union (if applicable), the
supervisory employees, and rank-and-file employees.
In an education setting, the committee shall be composed of at least one
representative from the administration, trainors, teachers, instructors,
professors, or coaches and students or trainees, as the case may be.
Sec. 4, R.A. 7877

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Procedures on sexual
harassment

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Part 2

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Complaint procedure
in the workplace

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Any

officer or employee, who experiences or witnesses any act of


sexual harassment in the workplace, shall report the same
immediately to the Committee on Decorum and Investigation, which
shall come up with its own rules and regulations on how to handle
the complaint. They may likewise report acts of sexual harassment
to any other member of the management or ownership.
All investigations shall be quickly investigated.
To the extent possible, the identity of the officer or employee shall
remain confidential and that of any witnesses and the alleged
harasser will be protected against unnecessary disclosure.
When the investigation is completed, all parties will be informed of
the outcome of the investigation.
DOLE Prescribed Workplace Policy on Sexual Harassment

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Complaint procedure
in the workplace

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CHED

has required Higher Education Institutions (HEIS) to create a


Committee on Decorum and Investigation, which shall come up with
its own rules and regulations on how to handle complaints of sexual
harassment. They may likewise report acts of sexual harassment to
any other member of the management or ownership.
School administration shall immediately take action.
All HEIs are required to submit to the list of students, faculty and
staff charged with alleged acts of sexual misconduct, as well as
those held liable.
All HEIs are mandated to conduct background investigation of
applicants to vacant faculty or staff positions to determine if they are
morally fit for the position.
CHED Memorandum Order (CMO) No. 26, S. 2003.

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Liabilities and penalties


Part 3

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Liabilities/penalties

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Solidary liability The employer or head of office, education training


institution shall be solidarily liable for damage 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 thereon.
Penalties:
(1)Imprisonment: 1 month to 6 months; and/or
(2)Fine: P10,000.00 to P20,000.00.
Prescription of Action: 3 years to file a case
Secs. 5 & 7, R.A. 7877

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Frequently asked questions


On Sexual Harassment Cases

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FAQS
sexual harassment

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(1) Must the demand/request/requirement be expressly articulated


by the offender?
No, such may be discerned from the acts of the offender. To be clear, the

offender does not have to explicitly make a demand/request.

(2) Is it required that such demand/request/requirement be a


condition for continued employment?
No, it is sufficient that the acts of the offender created an intimidating,

hostile, or offensive workplace or environment for the victim.

(3) Who may commit sexual harassment?


It may be committed by either a male or female against either sexes.
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FAQS
sexual harassment

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(4) May it be committed by a co-employee?


Yes, it may be committed by a co-employee with the same position or rank.

(5) Is sexual harassment a crime?


Yes, sexual harassment is a criminal offense.

(6) What degree of evidence is needed for the employer to find the
offender liable?
The employer is simply required to have substantial evidence, which is

more than a mere scintilla of evidence or relevant evidence as a reasonable


mind might accept as adequate to support a conclusion, even if other
minds, equally reasonable, might conceivably opine otherwise.
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FAQS
sexual harassment

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(7) May complainants testimony be sufficient as evidence?


Yes, by the very nature of the sexual harassment, it is likely

that only the complainant and the victim are present.


Notwithstanding, the complainant must be credible and her
testimony is equally credible such that it is in consonance with
human experience.

(8) Is malicious intent necessary in administrative cases of


such offense?
No, malicious intent is not necessary.
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Additional resources:
Republic

Act 7877 (Anti-Sexual Harassment Law of

1995)
CHED Memorandum Order (CMO) No. 26, S. 2003
DOLE Prescribed Workplace Policy on Sexual
Harassment (http://goo.gl/18yh7c)

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