Anti-Sexual Harassment Act of 1995

What is sexual harassment

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Act of demanding or requesting sexual favor, by
a person having authority or moral ascendancy
over another, regardless of whether the
demand or request is accepted or not
 Where committed
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Sexual harassment can be committed in:
– A work-related environment
– An education or training environment
 How committed
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(a) In a work-related or employment environment, sexual harassment
is committed when:
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(1) The sexual favor is made as a condition in the hiring or in the
employment, reemployment 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
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favor results in limiting, segregating or classifying the employee which in a
way would discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;
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(2) The above acts would impair the employee’s rights or
privileges under existing labor laws; or
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(3) The above acts would result in an intimidating, hostile, or
offensive environment for the employee.
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 How committed
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(b) In an education or training environment, sexual harassment is
committed:
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(1) Against one who is under the care, custody or supervision of
the offender;
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(2) Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
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(3) When the 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
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(4) When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
 Victims
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In a work related environment:
– Employee
– Applicant
–

– In an education or training environment

– Person who is under care, custody or supervision of
the offender
– Person whose education or training is entrusted to
the offender
 Suspects
●
Employer, manager, supervisor, or agent of the
employer
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Teacher, instructor, professor, coach, or trainor
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Any person who has authority, influence or
moral ascendancy over another
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Any person who directs, induces or cooperates
with another to commit
 Duty of the Employer or Head of
Office in a Work-related, Education
or Training Environment (Sec 4)
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(a) Promulgate appropriate rules and
regulations prescribing:
– Guidelines on proper decorum
– Procedure for te investigation
– sanctions
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(b) Create a committee on decorum and
investigation of cases on sexual harassment.
 Committee on Decorum and
Investigation (CODI)
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In a workplace
– Management
– Rand-and-file employee
– Supervisory employees
– Union (if any)
●
In a educational place
– Admin
– Trainors, teachers, instructors, professors, or
coaches,
– Students or trainees
 Liability of the Employer, Head of
Office, Educational or Training
Institution (Sec 5)
●
Solidary liable
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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
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imprisonment of not less than one (1) month
nor more than six (6) months,
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a fine of not less than Ten thousand pesos
(P10,000) nor more than Twenty thousand
pesos (P20,000)
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both
 Prescriptive Period
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3 years
 Administrative Disciplinary Rules on
Sexual Harassment Cases (CSC
RESOLUTION
Sexual harassment may take place:
NO. 01-0940)
1. in the premises of the workplace or office or of the school or training
institution;
2. in any place where the parties were found, as a result of work or education or
training responsibilities or relations;
3. at work or education- or training-related social functions;
4. while on official business outside the office or school or training institution or
during work or school or training-related travel;
5. at official conferences, fora, symposia or training sessions; or
6. by telephone, cellular phone, fax machine or electronic mail.
 FORMS OF SEXUAL
HARASSMENT
●
1. Physical
a. Malicious touching
b. Overt sexual advances
c. Gestures with lewd insinuation
2. Verbal, such as but not limited to, requests or
demands for sexual favors, and lurid remarks
3. Use of objects, pictures or graphics, letters or
written notes with sexual underpinnings
4. Other forms analogous to the foregoing.
 Classification of SH
1. Grave Offenses
a. unwanted touching of private parts of the body (genitalia, buttocks, and
breast);
b. sexual assault;
c. malicious touching;
d. requesting for sexual favor in exchange for employment, promotion, local or
foreign travels, favorable working conditions or assignments, a passing grade,
the granting of honors or scholarship, or the grant of benefits or payment of a
stipend or allowance; and
e. other analogous cases.
 Classification of SH
2. Less Grave Offenses
a. unwanted touching or brushing against a victim’s body;
b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or innuendoes directed toward the members
of one sex or one’s sexual orientation or used to describe a person;
d. verbal abuse or threats with sexual overtones; and
e. other analogous cases.
 Classification of SH
3. Light Offenses
a. surreptitiously looking or stealing a look at a person’s private part or worn
undergarments;
b. telling sexist/smutty jokes or sending these through text, electronic mail or
other similar means, causing embarrassment or offense and carried out after the
offender has been advised that they are offensive or embarrassing or, even
without such advise, when they are by their nature clearly embarrassing,
offensive or vulgar;
c. malicious leering or ogling;
d. the display of sexually offensive pictures, materials or graffiti;
e. unwelcome inquiries or comments about a person’s sex life;
f. unwelcome sexual flirtation, advances, propositions;
g. making offensive hand or body gestures at an employee;
h. persistent unwanted attention with sexual overtones;
 Penalties
1. Grave offenses - Dismissal
2. Less grave offenses
1 st offense - Fine or suspension for thirty (30)
days but not exceeding six (6) months
2 nd offense - Dismissal
3. Light offenses
1 st offense - Reprimand
2 nd offense - Fine or suspension not exceeding
thirty (30) days
3 rd offense - Dismissal
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Q-WHAT PENALTY SHALL BE APPLIED IF THE RESPONDENT IS FOUND
GUILTY OF TWO (2) OR MORE CHARGES OR COUNTS?
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A- The penalty to be imposed shall be that corresponding to the most
serious charges or count and the rest shall be considered as aggravating
circumstances.
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Q- WHAT SHALL APPLY TO A CASE OF SEXUAL HARASSMENT WHEN
THE AGENCY IS STILL IN THE PROCESS OF PROMULGATING OR
MODIFYING ITS OWN RULES AND REGULATIONS?
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A- CIVIL SERVICE COMMISSION (CSC) RESOLUTION NO. 01-0940
 EMPLOYEES ON SEXUAL
ADVANCES, HARASSMENT OR
Offense Number
ABUSES
Offenses Penalties
1 Sexual Intercourse Dismissal
(Consummated or not)
2 Fondling and/or kissing Dismissal
of a person's body parts
3 Intentional brushing of 1 year suspension-
one's body part against Dismissal
another person's body
for sexual gratification
4 Peeping; or 1 year suspension-
encouraging, asking or Dismissal
ordering a person to
undress as the
perpetrator is watching.
5 Exhibitionism, 1 year suspension-
suggestive body Dismissal
movements, verbal or
written statements either
 Other Guidelines
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2.1 Only the school physician or designated
doctor/nurse can ask anybody to undress in
front of an authorized person only for the
purpose of a medical check-up with due
consent of the person concerned, and where
minors are involved, the consent of parents of
legal guardian.
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2.2 Overnight activities of students where
instances of sexual advances, harassment or
abuse are likely to occur should be
discouraged.
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2.3 At no instance should a school personnel
stay with a student or co-personnel in a room or
enclosure in the school which could allow total
privacy. Counseling should only be done in
areas designated for such purposes.
 Complaints
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Employees- Grievance Board
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Students- guidance counselor or directly to the
Principal/Dean of Student Services