SEXUAL HARASSMENT

It is the policy of the State in enacting the Anti‐Sexual Harassment law to:

Value the dignity of every individual
Enhance the development of it human resources
Guarantee full respect for human rights and
Uphold the dignity of workers, employee, applicants for employment, students or those undergoing training, instruction or education.

Sexual harassment may be committed in a work, education or training‐related environment by an:

1. Employee

2. Manager

3. Supervisor

4. Agent of the employer

5. Teacher, instructor, professor

6. Coach, trainer, or

7. Any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment:

Generally, a person liable 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 latter.

It is not necessary that the demand, request or requirement of a sexual favor be articulated in a categorical manner. It may be discerned, with equal certitude, from the acts of the offender.

Likewise, it is not essential that the demand, request or requirement be made as a condition for continued employment or for promotion to a higher position. It is enough that the respondent’s acts result in creating an intimidating, hostile or offensive environment for the employee. (Domingo v. Rayala, G.R. No. 155831)

Sexual harassment may be committed in the following manner specifically:

1. In a work‐related or employment environment:

a. 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 the refusal to grant the sexual favor results in limiting, segregating or classifying the employees which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

b. The above acts would impair the employees’ rights or privileges under existing labor laws; or

c. The above acts would result in an intimidating, hostile, or offensive environment for the employee. (IHO)

2. In an education or training environment:

a. Against one who is under the care, custody or supervision of the offender;

b. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

c. 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 considerations; or

d. Sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

The employer or head of office in a work‐related, education or training environment is duty bound to prevent or deter the commission of acts of sexual harassment and provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment.

The employer is solidarily liable with the respondent employee for damages arising from the acts of sexual harassment committed in the employment, education or training environment provided:

1. The employer or head of office, educational or training institution is informed of such acts by the offended party; and

2. No immediate action is taken thereon.

An act of sexual harassment may give rise to civil, criminal and administrative liability on the part of the offender, each proceeding independently of the others (three-fold liability rule).

Source: Anti‐ Sexual Harassment Act (RA 7877)

The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer

Neil Christian

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