UNDERSTAND

PREVENT
RESPOND
What is sexual harassment?
iterary/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).
What are the
Forms of Sexual
Harassment?
VERBAL:

ferring to an adult Whistling at Making sexual

a girl, hunk, doll, someone, cat comments about a
babe, or honey calls person's body
 Øꢀ Turning work discussions to
sexual topics

Øꢀ Telling sexual jokes or stories

Making sexual Øꢀ Asking about sexual fantasies,

comments or preferences, or history
nnuendos
Øꢀ Asking personal questions abou
social or sexual life

Øꢀ Making kissing sounds, howling,

and smacking lips
NON-VERBAL:
Øꢀ Looking a person up
and down (Elevator
eyes)
Øꢀ Staring at someone
Øꢀ Blocking a person's path
Øꢀ Following the person
Øꢀ Giving personal gifts
Øꢀ Displaying sexually
suggestive visuals

ØMꢀ aking sexual

gestures with hands
or through body
movements

ØMꢀ aking facial expressions

such as winking, throwing
kisses, or licking lips
HYSICAL:

Giving a massage Touching the person's

around the neck clothing, hair, or body
or shoulders
 Touching or rubbing
oneself sexually
Hugging, around another person
Standing close or
ssing, patting,
brushing up again
or stroking
another person
ho are Covered by this Act?
qꢀWorkers or Employees
qꢀApplicants or Candidates for Employment
qꢀStudents
qꢀThose Undergoing Training, Institution,
or Education (Trainees)
Who are Punishable by or Held Liable in this Act?

qꢀ Employer or Head
qꢀ Employee who belongs to
a higher level
qꢀ Manager/Supervisor
qꢀ Agent of the Employer
qꢀ Elementary or High Schoo
Teacher
qꢀ College or University
Professor
qꢀ College or University
Instructor
qꢀ Coach/Trainer
qꢀ Anybody else who has authority,
influence, or moral ascendancy over the
offended

qꢀ Any person who directs or induces

another to commit any act of sexual
harassment

qꢀ Any person who cooperates in the

commission of the act by another
without whom it would not have been
committed
Where is this Applicable?

oꢀWorkplace
oꢀSchool
oꢀAny other place of training,
institution or education
WHEN IS
SEXUAL
HARASSMENT
COMMITTED?
In a work-related or employment environment:

. The sexual favor is made as a condition in the hiring or i

the employment, re-employment or continued employment o
said individual, or in granting said individual favorabl
compensation, terms of conditions, promotions, or privileges
or the refusal to grant the sexual favor results in limiting
segregating or classifying the employee which in any wa
would discriminate, deprive or diminish employmen
opportunities or otherwise adversely affect said employee;
a work-related or employment environment:

2. The above acts would impair the employee’s

rights or privileges under existing labor
laws; or

3. The above acts would result in an

intimidating hostile, or offensive
environment for the employee.
 an education or training environment:

1.Against one who is under the care, custody

or supervision of the offender;

. Against one whose education, training,

apprenticeship or tutorship is entrusted
to the offender;
an education or training environment:

. 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 consideration; or

. When the sexual advances result in an intimidating, hostile

or offensive environment for the student, trainee
or apprentice.
WHAT PROCEDURES
DO YOU FOLLOW
ONCE HARASSED?
 Your immediate supervisor
You report out You report or escalate conduct his own investigatio
the act of sexual to confirm the facts and
nd complain.
harassment to your details of your allegation an
immediate supervisor. to coordinate with the alleg
offender’s boss first.

closure memo is
rved if the alleged HR follows the discipline
fender is not found Once confirmed, the allege
management process: part
ilty or the offender’s boss consults an
of which is its own
escribed sanctions coordinate with HR.
e enforced if
investigation procedures.
herwise.
YOUR EMPLOYER
OR HEAD’S
DUTIES OR
INVOLEMENT
.PROACTIVE APPROACH – Prevent or deter the commission
f acts of sexual harassment.

. REACTIVE APPROACH – Provide the procedures for the

resolution, settlement or
prosecution of acts of sexual
harassment.
order to attain such ends, your employer or head shall:

1. Promulgate appropriate rules

and regulations in consultation
with and jointly approved by
he employees or students or
rainees, through their duly
designated representatives.
These appropriate rules and regulations
may include but not limited to:
üꢀ Guidelines on Proper Decorum in
the Workplace
üꢀ Employee Code of Conduct
üꢀ Orientations/induction programs
for newly hired employees
üꢀ Other Related Internal or
Client-Provided Policies
 order to attain such ends, your employer or head shall

2. Prescribed the procedure for the

nvestigation of sexual harassmen
cases and the administrative
sanctions therefore.
•ꢀ Discipline Management Process
•ꢀ Grievance Procedures
 order to attain such ends, your employer or head shall (continued):

Create a COMMITTEE ON DECORUM AND

NVESTIGATION (CODI) of cases on sexual
harassment. The committee shall conduct
meetings, as the case may be, with 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
alleged cases constituting sexual harassment.
order to attain such ends, your employer or head shall (continued):

4. Be solidarity liable for damage

arising from the acts of sexual
harassment committed in the
employment, education or train
environment if the employer
or head office, educational or
training institution is informed
such acts by the offended part
and no immediate action is take
inancial Damages:
- Monetary Settlement

motional/Mental/Psychological Dam
- Counseling
- Referral to an Agency Offer
Professional Help
- Any other Advice or Option A
CAN THE VICTIM
PURSUE
INDEPENDENT
ACTIONS FOR THE
DAMAGES?
ANSWER: YES.

Nothing in this Act shall preclude (rule

out in advance) the victim of work,
education or training-related sexual
harassment from instituting a separate and
independent action for and other
affirmative relief.
WHAT ARE THE
PENALTIES FOR THE
VIOLATION OF THIS
ACT’S PROVISION?
As per Law:

üꢀ Fine of Php 10,000 – Php 20,000

üꢀ Imprisonment of 1-6 months, or

üꢀ Both at the discretion of the court based on the

degree of gravity of the offense
- Grave offense
- Less grave offense
- Light Offense
Generic Sanctions/Disciplinary Actions in Companies:

Less grave offenses

1st offense – Fine or suspension for thirty (30) days
but not exceeding six (6) months
2nd offense – Dismissal

Light offense
1st offense – Reprimand
2nd offense – Fine or suspension not exceeding
thirty (30) days
3rd offense - Dismissal
THE BEST THINGS TO DO
WHEN DONE AN ACT OF
SEXUAL HARASSMENT
qꢀ Reject the advance being made firmly but politely but loud
and conspicuous enough for potential witnesses to hear and
see it.
ꢀ Take note of the event by recording the date, exact time
and specific location in the workplace where it happened.

ꢀ Tell your closest confidant in the workplace first..

ꢀ Report it to your immediate supervisor unless he/she is the

offender.
ꢀ Go to your HR person in your immediate supervisor’s absence
r if he is the person in question.
EMERGING TRENDS,
GAPS and CHALLENGES
qꢀ URBANIZATION
–ꢀChanging patterns in
family life à family violence

qꢀ GLOBALIZATION
- Increases human trafficking
and commercial sex
exploitation
CT (Information Communications
Technologies) and KNOWLEDGE ACCESS
•ꢀ Access to multi-media programs on sex
and violence
•ꢀ Increases vulnerability to violent
behavior
•ꢀ Proliferation of high-technology gadget
•ꢀ Noted misuse/abuse of high-end
cameras/mobile phones
•ꢀ Facilitates child trafficking and/or
comm’l sexual exploitation
ꢀ Incidences of violence, abuse and/or harassment
occur beyond those covered by specific laws

•ꢀPhysician/medical personnel ßà patient

•ꢀGuests/Client ßà worker

•ꢀCustodian/Nanny à child client

•ꢀWarden à prisoner ßà prisoner

qꢀMishandling of alleged victim
(insensitivity/neglect/
discrimination)

qꢀInefficiencies/manipulations in
securing evidences/ witnesses/
testimonies

qꢀ‘Low and slow’ judicial decisions or

verdicts
What can we do?
üBꢀ e very vigilant and responsive to potential acts
of violence, cruelty, abuse, coercion and/or
discrimination

üSꢀ trongly advocate against VAWC and similar acts

of discrimination

üSꢀ upport efforts/covenants/agreements to uphold

the national and international laws/policies
üꢀActively setup appropriate measures
against violence and abuse (existence of
regulations & CODI)
üꢀImmediate action on complaints &
untoward incidents
üꢀProvide support to victims (thru referrals)