Bulacan State University

College of Criminal Justice Education

Bachelor of Science in Legal Management

A Research on
Sexual Harassment in the Workplace
(2021)

Researchers:

Arago, Ghem Anne

De Leon, Shaina P.

Dela Cruz, Kenneth Martin

Dela Cruz, Mary Julienne

Manansala, Michael

BS Legal Management 2B

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 Bulacan State University
College of Criminal Justice Education
Bachelor of Science in Legal Management

I. Defining Sexual Harassment

Sexual harassment includes a wide range of behaviors, from glances and rude jokes to demeaning
comments based on gender stereotypes to sexual assault and other acts of physical violence. It is
unwelcome sexual behavior that’s offensive, humiliating, or intimidating that can also be in written, verbal,
or physical form and can even happen online. Such harassment may be, but is not necessarily, of a form that
interferes with work, is made a condition of employment, or creates an intimidating, hostile, or offensive
work environment.

Sexual harassment is often considered where acts of sexual abuse are committed (as well as criminal
acts). In the legal definition, suggestive jokes or disrespectful statements made at one sex may or may not
be called sexual harassment, depending on the meaning and frequency. Furthermore, the distinction
between annoying courtship overtures and sexual assault is vague. It's much more difficult to quantify the
severity of sexual assault because individuals respond differently to essentially identical conditions.
Moreover, women prefer to identify the word "sexual assault" with more serious aspects of the behavior,
such as sexual violence.

II. Sexual Harassment in the Workplace

Any uninvited remarks, actions, or actions about sex, ethnicity, or sexual identity constitutes sexual
harassment in the workplace, which would be a type of discrimination. It is called sexual harassment if the
person's behavior creates a toxic work atmosphere, makes it impossible for an employee to work, or
interferes with an employee's productivity.

III. Forms of Sexual Harassment

1. Quid pro quo

It is sexual harassment occurs when an employee's supervisor, manager, or other authority figure
offers or suggests that an employee will be given something, such as a raise or promotion, in exchange for
some sort of sexual favor.

2. Hostile Work Environment

When an individual is subjected to unwanted advances, sexual innuendos, or insensitive gender-

related language that is sufficiently serious or widespread from the viewpoint of a normal person of the
same gender as the violated employee.

It makes no difference who commits the crime. It may be a boss, a coworker, or even a customer,
consultant, or distributor who is not an employee. These are the red flags that you need to look out:

 Sharing sexually inappropriate images or videos, such as pornography or salacious gifs, with co-
workers
 Sending suggestive letters, notes, or emails
 Displaying inappropriate sexual images or posters in the workplace
 Telling lewd jokes, or sharing sexual anecdotes
 Making inappropriate sexual gestures
 Staring in a sexually suggestive or offensive manner, or whistling
 Making sexual comments about appearance, clothing, or body parts

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 Bulacan State University
College of Criminal Justice Education
Bachelor of Science in Legal Management

 Inappropriate touching, including pinching, patting, rubbing, or purposefully brushing up against

another person
 Asking sexual questions, such as inquiries about someone's sexual history or their sexual orientation
 Making offensive comments about someone's sexual orientation or gender identity

IV. Statistical Data

Anyone may be the victim of sexual assault, and anyone can be the perpetrator. Harassment is a
symptom of social inequality such as misogyny, homophobia, classism, prejudice, and other forms of
oppression and power violence. As a result, abuse is often used as a strategy for gaining influence.

1. Who are harassed?

In the data’s that the researchers gathered has two (2) vital point. First, sexual harassment,
especially of women, is common. 3 out of 5 women from ages 18-25 experienced sexual harassment at least
once in their lifetime (2016 survey, Social Weather Station, Un Women's Safe Cities Metro Manila
Programme). Second, sexual harassment rates vary widely. Foreign Employment 23.7% of OFWs in 164 cases
of sexual abuse and harassment in 2019. According to UNICEF, one in five children below age 18 have
experienced sexual violence while growing up. “Common perpetrators of sexual violence are brothers or
cousins. Among males who experienced sexual violence, frequent perpetrators are cousins, fathers and
brothers.”

2. Who are the perpetrators?

Men largely dominate as offenders and commit the crime regardless of employment status or
educational background. Around 86 percent of the respondents do not think that sexual harassment is
committed by men because of their natural sex drive. This mindset exists even within households, a
supposedly safe place for women and children.

3. Where it happens?

According to the Philippine Statistics Authority, sexual harassment may happen in the following:

 Premises of the workplace or office or of the school or training institution

 Any place where the parties are found, as a result of work or education or training responsibilities or
relations
 Work- or education- or training-related social functions
 While on official business outside the office or school or training institution or during work- or
school- or training-related travel
 At official conferences, fora, symposia, or training sessions
 By telephone, cellular phone, fax machine, or electronic mail

In the Philippines, 58% of incidents of sexual harassment happen on the streets, major roads, and
eskinitas (alleys). Physical forms of sexual harassment occur mostly in public transport.

V. The Anti-Sexual Harassment Act of 1995

It was primarily to protect and respect the dignity of workers, employees, and applicants for
employment as well as students in educational institutions or training centers. This law, consisting of ten
sections, provides for a clear definition of work, education or training-related sexual harassment and
specifies the acts constituting sexual harassment. It likewise provides for the duties and liabilities of the
employer in cases of sexual harassment, and sets penalties for violations of its provisions. A victim of sexual
harassment is not barred from filing a separate and independent action for damages and other relief aside
from filing the charge for sexual harassment.

Sexual harassment can be punished under Republic Act 7877, or the Anti-Sexual Harassment Act of
1995, and the provisions of the Revised Penal Code on Acts of Lasciviousness.

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 Bulacan State University
College of Criminal Justice Education
Bachelor of Science in Legal Management

RA 7877 penalizes sexual harassment with imprisonment of 1 to 6 months, a fine of P10,000 to

P20,000, or both. Acts of lasciviousness, on the other hand, would mean imprisonment under the Revised
Penal Code.

Example of a Sexual Harassment Criminal Case:

Sexual Harassment is Not Gender-Based

There is a decided case in the Supreme Court which held about Sexual Harassment is Not Gender-
Based it was high time to correct society's idea that women are the weaker sex and the only victims of
sexual harassment because this is discriminatory against men who have suffered the same situation. Sexual
harassment is not an issue of gender but an issue of power.

In this particular case, Mr. Richard Lawrence served dinner to Chief Officer Korolenko Oleksiy, and the latter
demanded that he masturbate and perform oral sex. He resisted and left the room. That same night, Oleksiy
called for him again and repeated the sexual advances. On the second attempt, he also resisted and
managed to escape. The following day, he filed a complaint about physical abuse and sexual abuse under
alcohol intake against Oleksiy before the Captain. Two co-workers, to whom he earlier told the incident,
corroborated the complaint through written testimonies. All incidents were entered in the Deck Log Book.

Oleksiy threatened to kill him when he learned of the complaint. On July 12, 2014, he was
repatriated to the Philippines. Upon arrival, he was examined by the company physician, who found that he
was sexually harassed and physically abused by Oleksiy. In November 2014, he was diagnosed with Post
Traumatic Stress Disorder (PTSD) by a clinical psychologist.

The Supreme Court (SC) has ruled in favor of Mr. Richard Lawrence, who was sexually harassed and
physically abused in 2014 by the chief officer of an ocean-going vessel. To pay Mr. Richard Lawrence US$
1,389.20 the unexpired portion of his contract. reinstated moral damages amounting to Php100,000 and
exemplary damages amounting to Php50,000" to pay attorney's fees equivalent to 10 percent of the
monetary award and that" "all the monetary awards shall earn legal interest at the rate of six percent from
the finality of this Decision until fully paid."

1. What to do when you are harassed?

No one deserves, or asks, to be sexually harassed. Everyone has the right to work and live in an
environment that’s free from harassment, bullying, discrimination and violence. First and foremost, if you
are being harassed and feel you are in danger, you can contact the police right away because they are the
law enforcers and can immediately respond.

2. Legal Procedures

After being reported to the Law enforcers PNP, it will undergo the so-called Philippine Criminal
Justice System (CJS), wherein it can be defined as the collective institutions through which an accused
offender passes until the accusations have been disposed of or the assessed punishment concluded. From
Law enforcement, Prosecution, Courts, Correction until the reintegration into the community, that would be
the legal procedure for the harasser or the offender.

VI. Effects of Sexual Harassment

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 Bulacan State University
College of Criminal Justice Education
Bachelor of Science in Legal Management

Sexual harassment can wreak havoc on its victims, and can cause not only mental health issues, but
physical effects as well.

Dr. Colleen Cullen, a licensed clinical psychologist, notes that for victims of sexual harassment, the
most common diagnoses are depression, anxiety, and even post-traumatic stress disorder (PTSD). Research
has found that sexual harassment in one's career can cause long-term depressive symptoms. It can either
trigger symptoms of depression and anxiety that are new to the person; or it can exacerbate a previous
condition that may have been controlled or resolved.

If the harassment leads to violence and/or assault, someone going through or dealing with the
aftermath of sexual harassment may also exhibit symptoms of PTSD. Dr, Helen Wilson, a licensed clinical
psychologist with expertise on the effects of trauma says, among women who experience a sexual assault,
90 percent who experience sexual violence in the immediate aftermath exhibit symptoms of acute stress.
For many people, these symptoms dissipate over time through social support and coping strategies, and
many people totally recover and move on; others will be so distressed that it really interferes with their
work and life.

Dr. Nekeshia Hammond, a licensed psychologist says, sexual harassment registers as a trauma, and it's
difficult for a victim to deal with it, so the body starts to become overwhelmed. It’s called somatizing: the
mental health becomes so overwhelming one can’t process it to the point of saying ‘I have been
traumatized’ or ‘I am depressed.’ It’s a kind of denial that when experienced for a long state can turn into
physical symptoms.

These physical symptoms can run the gamut, manifesting as muscle aches, headaches, or even chronic
physical health problems such as high blood pressure and problems with blood sugar. Hammond says it
could lead to heart issues, in the long term.

Dr. Cullen adds that the feelings of shame or guilt that a person may feel when sexually harassed at
work can devastate their self-esteem and sense of self-worth as a professional. They may feel that they did
something to make it happen. “Embarrassment can be experienced, a fear over other people finding out.
Also, particularly early in their career, a person may doubt their ability, and wonder if they weren’t only
hired because of their sexual value. They may question their achievements, and if they’re young or new to a
field, they may ask, ‘Is this just what it’s like in this field?’ If they have nothing to compare it to, they may not
have an idea of what is normal or what the appropriate recourse is.”

VII. How to prevent harassment in the workplace

As an employer, you have a responsibility to maintain a workplace that is free of sexual harassment.

1) Adopt a clear sexual harassment policy

2) Train employees
3) Train supervisors and managers
4) Monitor your workplace
5) Take all complaints seriously
As a colleague, it’s important for others to speak up, too, even ahead of the victim. If you know something,
say something.

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 Bulacan State University
College of Criminal Justice Education
Bachelor of Science in Legal Management

As a victim, speaking out may be challenging but silence isn’t ideal. Report it, you have the right, and talk to
a mental health professional.

KEY REFERENCES:

1) Doyle, A. (2020, June 10). Examples of Sexual and Non-Sexual Harassment in the Workplace. The Balance
Careers. https://www.thebalancecareers.com/examples-of-sexual-and-non-sexual-harassment-2060884 .

2) Hersch, J. (2015, October 1). Sexual harassment in the workplace. IZA World of Labor.
https://wol.iza.org/articles/sexual-harassment-in-workplace/long

3) What is sexual harassment? (n.d.). Abuse and Violence | ReachOut Australia. Retrieved May 11, 2021,
from https://au.reachout.com/articles/what-is-sexual-harassment

4) Cruz, G. (2016, June 3). The many faces of sexual harassment in PH. Rappler.
https://www.rappler.com/newsbreak/iq/sexual-harassment-philippines

5) The invisible ways we experience sexual harassment. (2018, March 28). CNN News.
https://cnnphilippines.com/life/culture/2017/03/28/sexual-harassment-policies.html

6) Snook, A. (2021, January 19). The 2021 Guide to Workplace Sexual Harassment [INFOGRAPHIC]. I-Sight.
https://i-sight.com/resources/guide-to-workplace-sexual-harassment-infographic/

7) G.R. No. 231748. (2020, July 8). Lawphil.

https://lawphil.net/judjuris/juri2020/jul2020/gr_231748_2020.html

8) Supreme Court of the Philippines. (2020, December). S: Sexual Harassment is not Gender Based.
https://sc.judiciary.gov.ph/15818/#:~:text=The%20Supreme%20Court%20held%20it,have%20suffered
%20the%20same%20plight

9) Spector, N. (2017, December 1). The Hidden Health Effects Of Sexual Harassment. NBC News.
https://www.nbcnews.com/better/health/hidden-health-effects-sexual-harassment-ncna810416

10) THE IMPACT OF SEXUAL HARASSMENT ON DEPRESSIVE SYMPTOMS DURING THE EARLY OCCUPATIONAL
CAREER. (2011, July 1). NCBI. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3227029/

11) Barreiro, S. A. (2019, October 8). Preventing Sexual Harassment in the Workplace. Www.Nolo.Com.
https://www.nolo.com/legal-encyclopedia/preventing-sexual-harassment-workplace-29851.html