Professional Documents
Culture Documents
n t i - S7877
exual
Harassment Act
o f 1995"
JOFRED M.
MARTINEZ, MAN, RN
The Teaching
Profession
Section 1
r. a . 7877
"Anti-Sexual Harassment
A A c t o f 1995"
ACT DECLARING SEXUAL I
N HARASSMENT UNLAWFUL N
THE EMPLOYMENT,
EDUCATION OR TRAINING
ENVIRONMENT, AND FOR
R.A. 7877 “Anti-Sexual
Section 2
Declaratio
r. a . 7877
n o the
The State shall value f dignity of every
individual, enhance
the developmentp oofl iitc human
y resources,
guarantee full respect for human rights, and
uphold the dignity of workers, employees,
applicants for employment, students or those
undergoing training, instruction or education.
Towards this end, all forms of sexual
R.A. 7877 “Anti-Sexual
S e c t i o n 3 Wo r k , E d u c a t i o n or
Training-related Sexual
Harassment
h a r a s s m e n t
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 favor results in
limiting, segregating or classifying the
employee which in a way would discriminate,
deprive or diminish employmentR.A. 7opportunities
877 “Anti-Sexual
Wo r k r e l a t e d s e x u a l
harassment
The above acts would impair right or
the employee’s s
privileges
The above under existing
acts would laborin an
result
laws; or
hostil oroffensi
intimidating, environm fo th employe
e, ve ent r e e.
others
Use of objects, pictures or or
graphics,
writi noteletters
wit sexu underpinnin
ng s h al gs.
Grave offenses
1. unwanted touching of o th bod
private parts
(genitalia, buttocksbreast f e y
2. and );
3. sexual assault;
malicious
touching;
Civil Service Commission
Resolution No. 01-0940
classification of
sexual harassment
Grave offenses
4. 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
5. other
scholarship,
analogous
or the grantCivil
ofService
benefits
Commission
Resolution No. 01-0940
classification of
sexual harassment
Less Grave offenses
1. unwanted touchingorbrushingagainsta
victim’s
2. body;
3. pinching not falling under grave offenses;
derogatory or degrading remarks or
innuendoes directedtowardthemembers
ofonesex,orone’s sexual orientation or
classification of
sexual harassment
Light o f f e n s e s
7. making offensive hand or body gestures at an
8. employee;
9. persistent unwanted
attention with sexual
overtones; unwelcome
10 phone calls with
. sexual overtones
Section 4
Duties of t h e Employer
Promulgate appropriate rules and regulations
in consultation
with the jointly approved by the employees or
students or trainees, through their duly
designated representatives, prescribing the
procedure for the investigation or sexual
harassment cases and the administrative
sanctions therefor.
Administrative sanctions shall not be a bar to
R.A. 7877 “Anti-Sexual
Duty o f t h e Employer
Create a committee on decorum and
investigation of cases
on sexual harassment. The committee shall
conduct meetings, as the case may be, with
other officers and employees, teachers,
instructors, professors, coaches trainers and
students or trainees to increase understanding
and prevent incidents of sexual harassment.
It shall also conduct the investigation of the
alleged cases constituting sexual harassment.
R.A. 7877 “Anti-Sexual
Contents of the complaint
1. The full name and address of the
2. complainant;
The full name, and position of
address, the
3. respondent; relevant
4. A brief statement facts;
Evidence, in support of the if
of the
5. complainant, any;
A certification of non-forum
Civil Service Commission
shopping. Resolution No. 01-0940
Section 5
liabilities
The employer or head of office, trainin
institution shall be solitarily liableg for
educational
damage arising
from the acts of sexual harassment
committed in the employment, education
or training environment if the employer
or head of office, educational or
training institution is informed of such
acts by the offended party and
R.A. 78 no
77 “Anti-Sexual
Section 6
independent action
for
d a m a
Nothing in this Act shall preclude the
victim of work,
ges
educationa or
instituting training-related
separate independentsexualfo
and harassment from
action r
damages and affirmative
other relief.
R.A. 7877 “Anti-Sexual
Section 7
penalties
Any person who violates the provisions of
this Act shall,
upon conviction, be penalized by
imprisonment of not less than one (1) month
nor more than six (6) months, or a fine of
not less than Ten thousand pesos (P10,000)
nor more than Twenty thousand pesos
(P20,000), or both such fine and
imprisonment at the discretion of the court.
R.A. 7877 “Anti-Sexual
Section 8
separability c l a u s e
I any portion or provision of this
f Act is declared
void andorunconstitutional,
portions the be
provisions hereof
remaining
shall not
affected by such
declaration.
R.A. 7877 “Anti-Sexual
Section 9
repealing c l a u s e
All laws, decrees, orders, rules and
regulations,
th other issuances,
provisions of thisor Act
parts thereof
repeale or
inconsistent with d
e are hereby
modified
accordingly.
R.A. 7877 “Anti-Sexual
Section 9
effectivity clause
This Act shall take effect fifteen (15)
days
complete
after its in at least two (2)
publication
newspap o gener
nationalcirculati
er f al on.