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SEXUAL HARASSMENT Republic Act No. 7877 – Anti-Sexual Harassment Act of 1995 Philippine Law Framework JDP CONSULTING richo B. del Puerto. All rights reserved. For permissions to use this material, send a request to this e-mail address: [email protected] WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices

Sexual Harassment (RA 7877)

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Page 1: Sexual Harassment (RA 7877)

SEXUAL HARASSMENTRepublic Act No. 7877 – Anti-Sexual Harassment Act of 1995

Philippine Law Framework

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©2015, Atty. Jericho B. del Puerto. All rights reserved. For permissions to use this material, send a request to this e-mail address: [email protected]

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Page 2: Sexual Harassment (RA 7877)

“SEXUAL HARASSMENT IS AN UNWELCOMED BEHAVIOR IN

THE WORKPLACE OR SCHOOL.”

• - Atty. Jericho B. Del Puerto

• Business Lawyer & Legal ConsultantJDP Consulting Ltd. Co.

• Business Law ProfessorSan Beda Graduate School of Business

• Book Author, Legal Aspects of BusinessCentral Books Publishing

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CONCEPT OF SEXUAL HARASSMENTPart 1

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WHAT IS SEXUAL HARASSMENT?

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 requirement for submission is accepted by the object of said Act.

Sec. 3, R.A. 7877

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WHAT IS SEXUAL HARASSMENT?

“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.”

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DOLE Prescribed Workplace Policy on Sexual Harassment

Page 6: Sexual Harassment (RA 7877)

WHAT IS SEXUAL HARASSMENT?

“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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Domingo v. Rayala, G.R. No. 155831, 155840, 158700, 18 February 2008

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WHERE IS SEXUAL HARASSMENT COMMITTED?

Workplace orEmployment

(1) In or outside the office building or training site;

(2) At the office or training-related social functions;

(3) In the course of work assignments outside the office;

(4) At work-related conferences, studies or training sessions; or

(5) During work related travel.

Education/Training Environment

• 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 employee’s 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 stipend, allowance or other benefits, privileges, or considerations.

Sec. 3, R.A. 7877

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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

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 / SCHOOLHEAD

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 / SCHOOLHEAD

(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 HARASSMENTPart 2

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COMPLAINT PROCEDUREIN THE WORKPLACE

• 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 PROCEDUREIN THE WORKPLACE

• 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 PENALTIESPart 3

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LIABILITIES/PENALTIES

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 QUESTIONSOn Sexual Harassment Cases

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FAQSSEXUAL HARASSMENT

(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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FAQSSEXUAL HARASSMENT

(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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FAQSSEXUAL HARASSMENT

(7) May complainant’s 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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Page 23: Sexual Harassment (RA 7877)

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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Page 24: Sexual Harassment (RA 7877)

“SEXUAL HARASSMENT CAN BE EFFECTIVELY ADDRESSED

WITH RULES AND REGULATIONS.”

• - Atty. Jericho B. Del Puerto

• For more information, contact:

• JDP CONSULTING LTD. CO.Call: (+632) 479-5405, Fax: (+632) 479-5401Mobile: (+63) 917-622-0124E-mail: [email protected]: www.jdpconsulting.ph

You may also want to visit:

www.legalaspects.phBusiness Laws & Best Legal Practices

©2015, Atty. Jericho B. del Puerto. All rights reserved. For permissions to use this material, send a request to this e-mail address: [email protected]

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