anti - sexual harassment act

8/13/2019 Anti - Sexual Harassment Act

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AN ACT DECLARING SEXUALHARASSMENT UNLAWFUL IN THE

EMPLOYMENT, EDUCATION ORTRAINING ENVIRONMENT, AND FOR

OTHER PURPOSES


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Also known asANTI SEXUAL HARASSMENT ACT

OF 1995


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REPUBLIC ACT NO. 7877If you read Section 2 of the said law on theDeclaration of Policy

It states that the State shall

value the dignity of every individual enhance thedevelopment of its human resources, guarantees

full respect for human rights, and uphold thedignity of workers, employees, applicants foremployment, students or those undergoingtraining, instruction or education. Towards this

end, all forms of sexual harassment in theemployment, education or training are herebydeclared unlawful.


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So, what is

sought to beprotected by

the law is notonly women

but every

worker.


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We however have

the impression

that only women

are the victims

because in thePhilippines, almost

all victims ofsexual harassment

are women


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Have you ever

heard of a manwho had

complained thathe is a victim of

sexualharassment?


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Believe me, hewill never

complainbecause he

might haveenjoyed it.


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WHERE IS SEXUAL

HARASSMENT

COMMITTED?


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A.

In a work

related or

employmentenvironment

B.

In education ortraining

environment

WHERE IS SEXUAL HARASSMENT

COMMITTED?


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WHO ARE THE

OFFENDERS?

Section 3


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WHO ARE THE OFFENDERS?

1.) EMPLOYER

5.) AGENT

4.) SUPERVISOR

3.) MANAGER

2.) EMPLOYEE

6.) TEACHER, INSTUCTOR, PROFESSOR, COACH, TRAINOR7.) ANY OTHER PERSON , HAVING AUTHORITY, WHO INFLUENCE

OR MORAL ASCENDENCY OVER ANOTHER IN A WORK OR

TRAINING OR EDUCATION ENVIRONMENT (Eg. Dean,

President)


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HOW IS IT

COMMITTED?

Section 3


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HOW IS IT COMMITTED?

By demanding, requesting or

otherwise requiring any sexual favor

from the other regardless ofwhether the demand, request or

requirement for submission isaccepted by the object of the said

Act.


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A) In a work-related or employment

environment, how sexual harassment

is committed:(1) The sexual favor is made as condition in the hiring or in

the employment; re-employment or continued

employment of said individual- or in granting said individual favorable compensation,

term of conditions , promotions, or privilege

- 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 employee

- opportunities like promotion


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A) In a work-related or employment

environment, how sexual harassment

is committed(2) The above acts would impair the employees rights or

privilege under existing labor laws;

- increase in wages, other benefits

(3) The above acts would result in an intimidating, hostile, or

offensive environment for the employee

- like when she could no longer concentrate

(e.g Arbitrator called his stenographerwhile dictating, he

was holding the shoulders of stenographer, or running his

fingers in the ears of the employee.)


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B) In an education or training

environment, it is committed:

(1) Against one who is under the care, custody or supervision of the

offender;

(adviser, subordinate, practice teacher or anyone under your

supervision)

(2) Against one whose education, training, apprenticeship or tutorship

is entrusted to the offender;

(teacher, tutor, trainer, CI)

(3) When the 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; or


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B) In an education or training

environment, it is committed:

(4) When the sexual advances result in an intimidating,

hostile or offensive environment for the student, trainee,

or apprentice.


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Any person who directs or induces

another to commit any act of sexualharassment as herein defined, or who

cooperates in the commission thereof by

another without which it would not havebeen committed , shall also be held

under this act


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DUTY OFEMPLOYER or

HEAD OF OFFICE

Section 4


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Section 4.Duty of Employer or Head of

Office

Prevent or deter the commission

of the acts of sexual harassment

Provide procedures for theresolution, settlement or

prosecution of the acts of the

sexual harassment, and for this

purpose, the employer or head of

office shall:


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(A) Promulgate appropriate rules

and regulations in consultation

with and jointly approved by theemployees or students or trainees,

through their duly designated

representatives, prescribing theprocedure for the investigation of

sexual harassment cases and the

administrative sanctions thereof.


Office


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S f f


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-In the case of a work

related environment,

the committee shall be composed of at least

one (1) representative each from the

management, the union, if any, the employeesfrom the supervisory rank, and from the rank

and file employees.

-In the case of the educational or traininginstitution, the committee shall be composed of

at least one (1) representative from the

administration, the trainors, instructors,


Office

S i 4 D f E l H d f


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-The employer or head of office,educational or training institution shall

disseminate or post a copy of this Act for

the information of all concerned


Office


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Liability of the

Employer, Head of

Office, Educational or

Training InstitutionSection 5

S ti 5 Li bilt f th E l H d


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Section 5 Liabilty of the Employer, Head

of Office, Educational or

Training InstitutionThe employer or head of office,educational or training institution shallbe solidarily liable for damages arising

from the acts of sexual harassmentcommitted in the employment,education or training environment ifthe employer or head of office,educational or training institution isinformed of such acts by the offendedparty and no immediate action is

taken.


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Independent Action

for Damages

Section 6


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Section 6 Independent Action for

Damages

Nothing in this Act shall preclude the

victim of work, education or training

related sexual harassment from theinstituting a separate and independent

action for damages and other

affirmative relief.


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PENALTIES

Section 7


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Section 7 PENALTIES

- Imprisonment of not less than one (1)month nor more than six (6) months or

a fine of not less than Ten Thousand

Pesos(Php. 10, 000) nor more than Twenty

Thousand Pesos (Php. 20, 000)

or both such fine and imprisonment at

the discretion of the court.


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PRESCRIPTION

Any action arising from the vioalation ofthe provisions of this Act shall

prescribe in three (3) years.


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A teacher who perverts hisposition by sexually harassing

a student should not beallowed, under any

circumstance, to practice thisnoble profession.

(DIOSCORO F. BACSIN VS. EDUARDO O. WAHIMAN)

G.R. NO. 146053, April 30, 2008

anti - sexual harassment act

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