ANTI-SEXUAL HARASSMENT

ANTI-SEXUAL HARASSMENT

R.A. 7877

AN ACT DECLARING SEXUAL

HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND
FOR OTHER PURPOSES.
 WHAT IS SEXUAL HARASSMENT?
• Is a form unlawful sex discrimination which
includes unwanted verbal or physical behavior
of a sexual nature that occurs in the workplace
or in an educational setting under certain
conditions
 WHAT IS SEXUAL HARASSMENT?

• Always an unsolicited and

unreciprocated behavior
• Sexual Coercion
• Sexual Annoyance
• US, PH, Japan, Canada, Australia
and several European Countries
have laws that prohibit sexual
harassment.
IS SEXUAL HARASSMENT A FORM
OF DISCRIMINATION?

• In 1986, the United States’ Supreme

Court ruled a case that sexual
harassment is a form of discrimination
prohibited by Title VII of the 1964 Civil
Rights Act.
 IS THERE AN ANTI SEXUAL-
HARASSMENT IN THE PH?
• Philippine Anti-Sexual Harassment Act of 1995
• “The sexual favor made as a condition in the hiring or the in the employment,
reemployment or continued of said individual, or in granting said individual
favorable compensation, terms, conditions, promotions, or privileges, or the
refusal to grant the sexual favor results, in limiting, segregating or classifying the
employee which in any way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employment” (RA7877 Sec. 3).
IS THIS LAW ADDRESSED TO THE
MALE SPECIE?
• In strict legal sense, sexual harassment could be
committed by somebody having authority or
moral ascendency over another- usually by a
male superior.
• Michael Crichton’s Disclosure, (book to movie),
there is a woman who frets and assaults the
man.
• Nevertheless, it does not take a genius to
understand the law (Anti Sexual Harassment
Law) protects women.
WHAT ARE THE MANIFESTATIONS
OF SEXUAL HARASSMENT?

• Verbal and Physical Conduct

• Use of objects and pictures
MANIFESTATIONS OF SEXUAL HARASSMENT ACCORDING TO THE
EUROPEAN COMMISSION CODE OF PRACTICE (1993)

• Touching including pats, hugs, cuddles, kissing, fondling, pinching and staring
• Standing too close, bending over or extending legs or bodies over desks
• Leering, watching women go up staircases, making persistent eye contact
• Gestures using hands, tongues, mouth, pieces on instrument, and fondling of
private parts
MANIFESTATIONS OF SEXUAL HARASSMENT ACCORDING TO THE
EUROPEAN COMMISSION CODE OF PRACTICE (1993)

• Suggestive comments about one's body, clothes, personal lives, partners

• Innuendos, sexist or lewd remarks or jokes
• Display of sexually explicit materials, sexual or sexist telephone calls, fax
messages, e-mail, graffiti, letters or notes
 WHAT MAKES VERBAL HARASSMENT
DIFFERENT FROM COMPLIMENT?
• Compliment produces a good feeling so much so one wants the interaction
to go on; healthy feeling.
• Sexual Harassment is so discomforting that one wants it to stop, pronto;
diseased feeling.

• Note: Sexual Harassment is based on the perpetrator’s good feeling but the
victim’s bad feeling about it.
 ARE EMPLOYERS ACCOUNTABLE
WHEN SEXUAL HARASSMENT HAPPENS
IN THE WORKPLACE?

• According to Philippine Anti-Sexual Harassment law, it

imposes a duty in the employer to prevent or deter any
commission of acts of sexual harassment.

• If found guilty, the offender is penalized by imprisonment

from one to six months or fine ranging from P10,000 to
P20,000 or both at the discretion of the court.
 ARE WITNESSES IMPORTANT TO PROVE
THAT SEXUAL HARASSMENT TOOK
PLACE IN THE WORKPLACE?
• One of the most documented cases of Sexual Harassment: Magdalena
Gapuz and Ligaya Anawi (vs. Dr. Allyson Belagan)
• These cases usually boils down to trustworthiness.
• However, it is best to understand that before it became illegal, sexual
harassment in anyway is offensive in moral perspective.
 ARE WOMEN BECOMING MORE
AWARE?
• Accusations of sexual harassment occurred in the United States at the
highest level of political power in the 1990’s.
WHY IS SEXUAL HARASSMENT IN THE
PHILIPPINES A DIFFERENT STORY?
• Philippines’ sociocultural conditioning has made
women less courageous, Filipina would hesitate
to report it because of the fear of embarrassed
and ripped reputation.
• Fear of being misunderstood is Filipina’s feminine
subconscious.
• As a result, harassers take advantage of this
sociocultural conditioning.
 WHY DO WOMEN VICTIM TAKE
NO ACTION?
• In 1994, survey of sexual harassment with bank employees, 95 percent of
them did not report to the management. It is evident that they feared
retaliation from their supervisors and coworkers.
• In 2007, the same survey was conducted with hotel workers. Most women do
not recognize sexual harassment as problem but rather as a part and parcel
of the daily job hazard.
 WHAT IS THE SOCIO-EMOTIONAL
DAMAGE THAT FOLLOWS?
• Psycho-Emotional Stress –Fear of losing their job because of sexual coercion.
Victims may suffer loss of self-esteem especially in the absence of supportive
environment.
• Degrading aftermath – Sexual Harassment creates a distracting work
environment which may affect the competence and productivity of
women.
• Self-Doubt – Overriding effect begins when someone loses their confidence
in ability to carry out her job. The victim feels responsible for the harassment.
 ARE THERE ECONOMIC
CONSEQUENCES TO SEXUAL
HARASSMENT EXPERIENCE?
• There are victims who report a devastating economic impact and loss of
income because of denied promotions, poor evaluations, or transfers.
• Victims suffer work-related stress that makes it difficult to work efficient and
effective.
• Breakdown of relationship
WHAT ARE THE ETHICAL PRINCIPLES
VIOLATED BY THE SEXUAL
HARASSMENT?
• Dishonor to Human Dignity and a direct
transgression to basic human rights .
• Sexual Harassment is not only improper but
also illegal and unethical.
• It is against the law, social responsibility, code
of conduct, ethics and etiquette.
 IS IT A MANAGEMENT ISSUE?
• When sexual harassment is ignored, it will have a negative impact on the
stabilization of management including the cost of investigation, litigations
and lawsuits, job turnovers etc.
• Preventing sexual harassment is not only the right thing to do but the
management’s legal and social responsibility.
 WHAT ARE THE SOCIAL
RESPONSIBILITIES OF MANAGERS?
• To explain and positively promote the policy to their staff
• To ensure a working environment free of visual forms of sexual harassment
• To be alert of any practice of verbal forms of harassments and ready to take
necessary action accordingly
• To be responsive and supportive to any member of staff who complains about
sexual harassment
• To ensure complete confidentiality in dealing with all cases of sexual harassment
• To ensure full and clear advice on the procedure
• To deal with cases promptly
• To provide additional appraisal and counseling sessions to staff member who have
difficulty in accepting or implementing the policy
• To attend training sessions related to sexual harassment
THANK YOU FOR LISTENING! 