Anti-Sexual Harassment Act of 1995 Q - What is work related, education or training related sexual harassment?

A - Under Republic Act No. ! sexual harassment is de(ined as) dated "ebruar# $%, $&&',

*Work, education or training-related sexual harassment is committed b# an emplo#er, emplo#ee, manager, super+isor, agent o( the emplo#er, teacher, instructor, pro(essor, coach, trainor, or an# other person who, ha+ing authorit#, in(luence or moral ascendanc# o+er another in a work or training or education en+ironment, demands, re,uests or otherwise re,uires an# sexual (a+or (rom the other, regardless o( whether the demand, re,uest or re,uirement (or submission is accepted b# the ob-ect o( said act.* Q - When is sexual harassment committed in work-related or in an emplo#ment en+ironment? A - .exual harassment is committed when) $. /he sexual (a+or is made as a condition in the hiring or in the emplo#ment, re-emplo#ment or continued emplo#ment o( said indi+idual, or in granting said indi+idual (a+orable compensation, terms, conditions, promotions or pri+ileges0 or the re(usal to grant the sexual (a+or results in limiting, segregating or classi(#ing the emplo#ee which in an# wa# would discriminate, depri+e or diminish emplo#ment opportunities or otherwise ad+ersel# a((ect said emplo#ee0 1. /he abo+e acts would impair the emplo#ee2s rights or pri+ileges under existing labor laws0 or, 3. /he abo+e acts would result in an intimidating, hostile, or o((ensi+e en+ironment (or the emplo#ee.

Q - When is sexual harassment committed in an education or training en+ironment? A - .exual harassment is committed when) $. Against one who is under the care, custod# or super+ision o( the o((ender0 1. Against one whose education, training apprenticeship or tutorship is entrusted to the o((ender0 3. When the sexual (a+or is made a condition to the gi+ing o( a passing grade, or the granting o( honors and scholarships, or the pa#ment o( a stipend, allowance or other bene(its, pri+ileges or considerations0 or %. When the sexual ad+ances result in an intimidating, hostile or o((ensi+e en+ironment (or the student, training or apprentice. An# person who directs or induces another to commit an# act o( sexual harassment herein de(ined, or who cooperates in the commission thereo( b# another without which it would not ha+e been committed, shall also be held liable under this Act. Administrative Disciplinary Rules on Sexual Harassment Cases Q - What is the 4i+il .er+ice 4ommission Resolution No. 5$5&%5? A - /hese are the rules and regulations de(ining the administrati+e o((ense o( sexual harassment and prescribing the standard procedure (or the administrati+e in+estigation, prosecution and resolution o( sexual harassment cases in the public sector 6dated 7a# 1$, 155$8.

Q - What is the scope and co+erage o( the Rules? A - /he rules shall appl# to all o((icials and emplo#ees in go+ernment, whether in the 4areer or Non-4areer ser+ice and holding an# le+el o( position, including 9residential appointees and electi+e o((icials regardless o( status, in the national or local go+ernment, state colleges and uni+ersities, including go+ernment-owned or controlled corporations, with original charters. Q - Under the Rules, what is the de(inition o( the administrati+e o((ense o( sexual harassment? A - /he administrati+e o((ense o( sexual harassment is an act, or a series o( acts, in+ol+ing an# unwelcome sexual ad+ance, re,uest or demand (or a sexual (a+or, or other +erbal or ph#sical beha+ior o( a sexual nature, committed b# a go+ernment emplo#ee or o((icial in a work-related, training or education related en+ironment o( the person complained o(. Q - What is work-related sexual harassment? A - Work-related sexual harassment is committed under the (ollowing circumstances) $. .ubmission to or re-ection o( the act or series o( acts is used as a basis (or an# emplo#ment decision 6including, but not limited to, matters related to hiring, promotion, raise in salar#, -ob securit#, bene(its and an# other personnel action8 a((ecting the applicant:emplo#ee0 or 1. /he act or series o( acts ha+e the purpose or e((ect o( inter(ering with the complainants2 work per(ormance, or creating an intimidating, hostile or o((ensi+e work en+ironment0 or 3. /he act or series o( acts might reasonabl# be expected to cause discrimination, insecurit#, discom(ort, o((ense

or humiliation to a complainant who ma# be a coemplo#ee, applicant, customer, or ward o( the person complained o(. Q - What is education or training-related sexual harassment? A - ;ducation or training-related sexual harassment is committed against one who is under the actual or constructi+e care, custod# or super+ision o( the o((ender, or against one whose education, training, apprenticeship, internship or tutorship is directl# or constructi+el# entrusted to, or is pro+ided b#, the o((ender, when) $. .ubmission to or re-ection o( the act or series o( acts is used as a basis (or an# decision a((ecting the complainant, including, but not limited to, the gi+ing o( a grade, the granting o( honors or a scholarship, the pa#ment o( a stipend or allowance, or the gi+ing o( an# bene(it, pri+ilege or consideration. 1. /he act or series o( acts ha+e the purpose or e((ect o( inter(ering with the per(ormance, or creating an intimidating, hostile or o((ensi+e academic en+ironment o( the complainant0 or 3. /he act or series o( acts might reasonabl# be expected to cause discrimination, insecurit#, discom(ort, o((ense or humiliation to a complainant who ma# be a trainee, apprentice, intern, tutee or ward o( the person complained o(. Q - What are the (orms o( sexual harassment? A - /he (ollowing are illustrati+e (orms o( sexual harassment) a8 9h#sical a.$8 7alicious touching a.18 <+ert sexual ad+ances

a.38 =estures with lewd insinuation b8 b.8 >erbal, such as but not limited to, re,uests or demands (or sexual (a+ors, and lurid remarks c8 c.8 Use o( ob-ects, pictures or graphics, letters or written notes with sexual underpinnings d8 d.8 <ther (orms analogous to the (oregoing. Q - Who are the persons liable (or sexual harassment? A - An# go+ernment o((icial or emplo#ee, regardless o( sex, is liable (or sexual harassment when he:she) a8 directl# participates in the execution o( an# act o( sexual harassment as de(ined b# the Rules0 b8 induces or directs another or others to commit sexual harassment as de(ined b# the Rules0 c8 cooperates in the commission o( sexual harassment b# another through an act without which the sexual harassment would not ha+e been accomplished0 d8 cooperates in the commission o( sexual harassment b# another through pre+ious or simultaneous acts. Q - ?n what places ma# sexual harassment happen? A - .exual harassment ma# take place $. ?n the premises o( the workplace or o((ice or o( the school or training institution0 1. ?n an# place where the parties were (ound as a result o( work or education or training responsibilities or relations0 3. At work or education or training related social (unctions0

%. While on o((icial business outside the o((ice or school or training institution or during work or school or trainingrelated tra+el0 '. At o((icial con(erences, (ora, s#mposia or training sessions0 @. <r b# telephone, cellular phone, (ax machine or electronic mail.