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What is Sexual Harassment

The document outlines the definition and legal framework of sexual harassment under RA 7877, detailing how it can occur in work and educational environments. It specifies the responsibilities of employers and heads of offices to prevent such acts, establish investigation committees, and the consequences for offenders. Additionally, it provides information on where victims can seek help and the penalties for those who violate the law.

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0% found this document useful (0 votes)
6 views

What is Sexual Harassment

The document outlines the definition and legal framework of sexual harassment under RA 7877, detailing how it can occur in work and educational environments. It specifies the responsibilities of employers and heads of offices to prevent such acts, establish investigation committees, and the consequences for offenders. Additionally, it provides information on where victims can seek help and the penalties for those who violate the law.

Uploaded by

JCka P Gela
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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What is Sexual Harassment?

Under RA 7877, work, education,or training related sexual harassment is


“committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any 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 requirement for
submission is accepted or not by the object of said act.”

How is work-related sexual harassment committed?


Work-related Sexual Harassment is committed when:
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, terms, conditions, promotions, or
privileges; or 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
2. The above acts would impair the employee’s rights or privileges under
existing labor laws; or
3. The above acts would result in an intimidating, hostile or offensive
environment for the employee.

How is education or training-related sexual harassment committed?


Education or Training-related Sexual Harassment 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;
3. When the sexual favor is made a condition to the giving of a passing grade,
or granting of honors and scholarships, or the payment of a stipend,
allowance or other benefits, privileges, or considerations; or
4. When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice.
A person who directs or induces another person to commit any act of
sexual harassment or who cooperates to commit the act,
without which the said act would not have been committed,
will also be held liable under the law.

What is the duty of the employer of head of office in a work or


education/training environment?
The employer or head of office is required by the law to prevent the occurrence of
sexual harassment acts and to provide the procedures for the resolution, settlement
or prosecution of sexual harassment. Towards this end, the employer or head of
office shall:
1. Promulgate appropriate rules and regulations in consultation with and jointly
approved by the employees or student or trainees, through their duly
designated representatives. Said rules and regulations shall prescribe the
procedures for the investigation of sexual harassment cases and the
administrative sanctions thereof.

The said rules and regulations should include guidelines on proper


decorum in the workplace and educational or training institutions.

Administrative sanctions shall not be a bar to prosecution in the proper


courts for unlawful acts of sexual harassment.

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


harassment. The committee shall conduct meetings or as the case may be,
with officers and employees, teachers, instructors, professors, coaches,
trainors and students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the investigation of
alleged cases constituting sexual harassment.
In the case of work-related environment, the committee shall be
composed of at least one (1) representative each from the management,
the union, if any, the employees from the supervisory rank, and from the
rank and file employees.

In the case of the educational or training institution, the committee shall


be composed of at least one (1) representative from the administration,
the trainors, teachers, instructors, professors or coaches and students
and trainees, as the case may be.

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


disseminate or post a copy of RA 7877 tfor the information of all
concerned.

What if the employer or head of office did not undertake any action
despite his/her knowledge of the sexual harassment act/s?
The employer or head of office, educational or training institution will be held liable
for the damages arising from acts of sexual harassment if they are informed by the
offended party of the occurrence of such acts, yet no action has been undertaken.

Can an offended party seek redress by taking an independent action?


Yes, the offended party may take independent action for damages incurred in the
act of sexual harassment. She/he may also avail of relief.

What are the penalties for offenders?


Any person who violates the provisions of the law shall be penalized by
imprisonment of not less than one (1) month nor more than six (6) months, or a fine
of not less than Ten Thousand Pesos (P10,000) nor more than Twenty Thousand
Pesos (P20,000), or both such fine and imprisonment at the discretion of the court.
Any act arising from the violation of the provisions of this Act shall prescribe in
three (3) years.

Where do we go for help?


For government sector employees:
Civil Service Commission
Constitution Hills, Batasang Pambansa Complex, Diliman, Quezon City
Public Assistance Desk: (02) 8931-7913 / 8931-8187
Para sa Taumbayan Hotline: (02) 8951-2575 / 8932-0111

For private sector employees:


Department of Labor and Employment
Bureau of Working Conditions
Intramuros, Manila
Hotline: 1349 / (02) 1349 for calls outside Metro Manila

Philippine National Police


Women and Children Protection Center
Camp Crame, Quezon City
Tel. No.: 410-3213 / 532-6690
Aleng Pulis Text Hot-line: 0919-777-7377

National Bureau of Investigation


Anti-Violence Against Women and Children Desk
Taft Avenue, Manila
Tel. Nos.: 523-8231 to 38 / 525-6028

DOJ – Public Attorney’s Office (DOJ-PAO)


Tel. Nos.: 929-9010 / 929-9436 to 37 loc. 106 / 107

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