republic act revised final)

8/9/2019 Republic Act Revised Final)

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ANTI-SEXUAL HARASSMENT ACTOF 1995

BY:

ELAINE P . JAVIER


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REPUBLIC ACT NO. 7877

ANTI-SEXUAL HARASSMENT ACT OF 1995

Protects employees against sexual harassment.

Sexual harassment is committed by any person whoexercises authority, influence or moral ascendancy overanotherby demanding requesting or requiring sexual

favor regardless of whether or not is accepted by theobject of sexual solicitation.


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TYPES OF SEXUAL HARASSMENTS:

quid pro quo harassment, which means

something for something, the employee isas asked to perform a sexual act in exchange

for a job, promotion, or other perk.

Hostile environment harassment it issaid to exist when harassment creates hostility

that makes the environment no longerconductive for a person to either work or study.


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FORMS OR SEXUAL HARASSMENTS:

Physical

Malicious Touching;

Overt sexual advances;

Gestures with lewd insinuation.Verbal, such as but not limited to, requests or

demands for sexual favors, and lurid remarks;

Use of objects, pictures or graphics, letters or writing

notes with sexual underpinnings;Other forms analogous to the forgoing. ( by

telephone, cellular phone, fax machine or electronicmail)


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When is sexual harassment committed in work-related orin an employment environment?

(a) Sexual harassment is committed when:1. The sexual favor is made as a condition in the hiring or in theemployment, re-employment or continued employment of saidindividual, or in granting said individual favorablecompensation, terms, conditions, promotions or privileges; orthe refusal to grant the sexual favor results in limiting,

segregating or classifying the employee which in any waywould discriminate, deprive or diminish employmentopportunities or otherwise adversely affect said employee;

2. The above acts would impair the employee's rights orprivileges under existing labor laws; or,

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

offensive environment for the employee.


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When is sexual harassment committed inan education or training environment?

(b) Sexual harassment is committed when: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 theoffender;


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3. When the sexual favor is made a condition to thegiving of a passing grade, or the granting of

honors and scholarships, or the payment of astipend, allowance or other benefits, privileges orconsiderations; or

4. When the sexual advances result in an

intimidating, hostile or offensive environment forthe student, training or apprentice.

Any person who directs or induces another tocommit any act of sexual harassment herein

defined, or who cooperates in thecommission thereof by another without which itwould not have been committed, shall also beheld liable under this Act.


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Duty of the employer or Head of Office in aWork-related, Education or Training

Environment.

It shall be the duty of the employer or thehead of the work-related, educational or

training environment or institution, to preventor deter the commission of acts of sexualharassment and to provide the procedures forthe resolution, settlement or prosecution of

acts of sexual harassment. Towards this end,the employer or head of office shall:


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Promulgate appropriate rules and regulations inconsultation with the jointly approved by the employees

or students or trainees, through their duty designatedrepresentatives, prescribing the procedure for theinvestigation or sexual harassment cases andadministrative sanctions.

Create a committee on decorum and investigation ofcases on sexual harassment. The committee shallconduct meetings, as the case may be, with otherofficers and employees, teachers, instructors, professors,coaches, trainors and students or trainees to increaseunderstanding and prevent incidents of sexualharassment. It shall also conduct the investigation of thealleged cases constituting sexual harassment.


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In the case of a work-related environment, thecommittee shall be:

Composed of at least one (1) representative eachfrom the management, the union, if any, theemployees 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 fromthe administration, the trainors, teachers,instructors, professors or coaches and students ortrainees, as the case maybe.


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Penalties

The crime of sexual harassment is punishableby imprisonment of not less than 1 month normore than 6 months, and/or a fine of not less

than P10, 000.00 nor more than P20, 000.00.


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Administrative Disciplinary Rules on SexualHarassment Cases

Civil Service Commission Resolution No. 01-0940

The rules shall apply to all officials and employees

in government, whether in the Career or Non-Career service and holding any level of position,including Presidential appointees and electiveofficials regardless of status, in the national or local

government, state colleges and universities,including government-owned or controlledcorporations, with original charters.


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Light Offenses Less Grave Offenses Grave Offenses

Secretly lookingor staring in a

persons privatepart or wornundergarments.

unwanted touching orbrushing against a victims

body

unwanted touching of privateparts of the body

telling sexist/smutty jokesor sending these throughtext, electronic mail ,etc.causing embarrassment oroffense and carried out

after the offender has beenadvised that they areoffensive or embarrassingor, even without suchadvise when they are bytheir nature clearlyembarrassing, offensive orvulgar

derogatory or degradingremarks or innuendoesdirected toward the membersof one sex, or ones sexual

orientation or used todescribe a person;

sexual assault

the display of sexuallyoffensive pictures,materials or graffiti

verbal abuse with sexualovertones;

malicious touching

unwelcome sexualflirtation, advances,propositionsmaking offensive hand or

body gestures at anemployee

requesting for sexual favor inexchange for employment,promotion, local or foreign

travels, favorable workingconditions or assignments, a


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The penalties for light, less grave and graveoffenses are as follows:

A. For light offenses:

1st offense Reprimand2nd offense Fine or suspension not exceedingthirty (30) days

3rd offense Dismissal

B. For less grave offenses:

1st offense Fine or suspension of not less than

thirty (30) days and not exceeding six (6) mos.2nd offense Dismissal

C. For grave offenses: Dismissal


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