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Sexual Harassment in the

Workplace

WHAT YOU MUST KNOW

Objectives
By the end of my 1-hour talk,
you should have been able to:
• Understand what Sexual Harassment
in the Philippine workplace is;
• Keep in mind the provisions of the
Anti-Sexual Harassment Act of 1995;
• Prepare yourself for any possibility in
the future and be protected.

WHAT IS SEXUAL
HARASSMENT?

Literary/Dictionary Definition
uninvited and unwelcome verbal or
physical behavior of a sexual nature
especially by a person in authority toward a
subordinate (as an employee or student).

A. trainer. coach. employee. manager. 7877 is committed by an employer. requests or otherwise requires any sexual favor from the other. demands. professor. supervisor.As defined by R. teacher. request or requirement for submission is accepted by the object of said act. or any other person who. agent of the employer. regardless of whether the demand. instructor. No. influence or moral ascendancy over another in a work or training or education environment. having authority. .

(OFFENDER) SUPERIOR (OFFENDED) SUBORDINATE .

.Definition of Terms ASCENDANCY – governing or controlling influence SEXUAL – does not just involve the act itself but anything that has to do with or related to the reproductive organs or a behavior which is sexually motivated or has sexual desires.

WHAT ARE THE FORMS SEXUAL HARASSMENT? .

Pictures/Graphics.Overt Sexual Advances .Lurid Remarks Use of Objects.Requests or Demands for Sexual Favors .Physical: Malicious Touching/Acts Lasciviousness/Lewdness . Letters or Written Notes with Sexual Underpinnings: .Gestures with Lewd Insinuation of Verbal: .

EDUCATION OR TRAINING ENVIRONMENT. AND FOR OTHER PURPOSES .REPUBLIC ACT NO. 7877 (Anti-Sexual Harassment Act of 1995) AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT.

Institution. or Education (Trainees) .Who are Covered by this Act? • Workers or Employees • Applicants Employment or Candidates for • Students • Those Undergoing Training.

Who are Punishable by or Held Liable in this Act? • Employer or Head • Employee who belongs to a higher level • Manager/Supervisor • Agent of the Employer .

influence.• Anybody else who has authority. or moral ascendancy over the offended • Any person who directs or induces another to commit any act of sexual harassment • Any person who cooperates in the commission of the act by another without whom it would not have been committed .

• Elementary or High School Teacher • College or University Professor • College or University Instructor • Coach/Trainer .

Institution. or Education .Where is this Applicable? • Workplace • School • Any other Place of Training.

WHEN IS SEXUAL HARASSMENT COMMITTED? .

promotions. deprive or diminish .In a work-related employment environment: or 1. terms of conditions. The sexual favor is made as a condition in the hiring or  in the employment. or in granting said individual favorable compensation. reemployment or continued employment  of said individual. segregating or classifying the employee which in any way  would discriminate. or privileges.  or the refusal to grant the sexual favor results in limiting.

In a work-related or employment environment (continued): 2. hostile. . The above acts would result in an intimidating. or 3.  or offensive environment for the employee. The above acts would impair the employee's rights or  privileges under existing labor laws.

training. Against one whose education. custody or supervision of the offender. Against one who is under the care. . 2. apprenticeship  or tutorship is entrusted to the offender.In an education or training environment: 1.

or the granting of honors and scholarships. hostile or offensive environment for the student. or consideration. When the sexual favor is made a condition to the giving  of a passing grade. .In an education or training environment (continued): 3. trainee or  apprentice.  privileges. or 4. When the sexual advances result in an intimidating.  or the payment of a stipend. allowance or other benefits.

WHAT PROCEDURES DO YOU FOLLOW ONCE HARASSED? .

. part of which is its own investigation procedures. Once confirmed.You come out and complain. A closure memo is served if the alleged offender is not found guilty or the prescribed sanctions are enforced if otherwise. You report or escalate the act of sexual harassment to your immediate supervisor. Your immediate supervisor conducts his own investigation to confirm the facts and details of your allegation and to coordinate with the alleged offender’s boss first. the alleged offender’s boss consults and coordinates with HR. HR follows the discipline management process.

YOUR EMPLOYER OR HEAD’S DUTIES OR INVOLVEMENT .

Provide the procedures for the resolution.Prevent or deter the commission of acts of sexual harassment. PROACTIVE APPROACH . . REACTIVE APPROACH . settlement or prosecution of acts of sexual harassment.1. 2.

through their duly designated representatives. Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or  students or trainees. your employer or head shall: 1. .In order to attain such ends.

These appropriate rules and regulations may include but not limited to: • Guidelines on Proper Decorum in the Workplace • Employee Code of Conduct – • Onboarding or new-hire/employee orientations/Induction Programs Other Related Internal or Client-Provided Policies .

In order to attain such ends. Prescribe the procedure for the investigation of  sexual harassment cases and the administrative sanctions  therefor. • • Discipline Management Process Grievance Procedures . your employer or head shall (continued): 2.

It shall also conduct the  investigation of alleged cases constituting sexual harassment.  teachers. coaches. as the case may be. instructors. with officers and employees. . Create a COMMITTEE ON DECORUM AND INVESTIGATION (CODI) of  cases on sexual harassment. The committee shall conduct  meetings.In order to attain such ends. and students or trainees to increase understanding and prevent  incidents of sexual harassment. trainers. professors. your employer or head shall (continued): 3.

  educational or training institution is informed of such acts by  the offended party and no immediate action is taken. Be solidarily liable for damages arising from the acts of sexual harassment committed in the employment.In order to attain such ends. education or training environment if the employer or head of office. . your employer or head shall (continued): 4.

Counseling .Financial Damages: .Any other Advice or Option Available .Referral to an Agency Offering Professional Help .Monetary Settlement Emotional/Mental/Psychological Damages: .

CAN THE VICTIM PURSUE INDEPENDENT ACTIONS FOR THE DAMAGES? .

. education or training-related sexual harassment from instituting a  separate and independent action for damages and other affirmative relief.ANSWER: YES. Nothing in this Act shall preclude (rule out in advance) the victim of work.

WHAT ARE THE PENALTIES FOR THE VIOLATION OF THIS ACT’S PROVISION? .

or • Both at the discretion of the court based on the degree of gravity of the offense – Grave offense – Less grave offense – Light offense .As per Law: • Fine of Php10.000 • Imprisonment of 1-6 months.000 – Php20.

Fine or suspension not exceeding thirty (30) days 3rd offense .Dismissal .Fine or suspension for thirty (30) days but not exceeding six (6) months 2nd offense – Dismissal Light offenses 1st offense – Reprimand 2nd offense .Generic Sanctions/Disciplinary Actions in Companies: Grave offenses – Dismissal Less grave offenses 1st offense .

THE BEST THINGS TO DO WHEN DONE AN ACT OF SEXUAL HARASSMENT .

.

. exact time and specific location in the workplace where it happened.• Reject the advance being made firmly but politely but loud and conspicuous enough for potential witnesses to hear and see it. • Tell your closest confidant in the workplace first. • Take note of the event by recording the date.

.• Report it to your immediate supervisor unless he/she is the offender. • Go to your HR person in your immediate supervisor’s absence or if he is the person in question.

” .“A VICTIM REMAINS AS SUCH ONLY UNTIL SHE LETS JUSTICE BE SERVED BUT BECOMES AN ETERNAL FOOL IF SHE DENIES HERSELF OF IT.

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