Here, the country's rising star in multifaceted trainings and speaking engagements; Mr. Myron Sta. Ana, talks about Sexual Harassment in the Philippine Workplace according to the provisions of Republic Act No. 7887 or otherwise known as the Anti-Sexual Harassment Act of 1995, which was his topic during his talk for the 3rd and 4th year Business Administration students of Miriam College in Quezon City, Philipppines.
2. 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.
4. 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).
5. As defined by R.A. No. 7877
is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher,
instructor, professor, coach, trainer, or any other
person who, having authority, influence or moral
ascendancy over another in a work or training or
education environment, demands, requests or
otherwise requires any sexual favor from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the
object of said act.
7. 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.
9. Physical:
- Malicious Touching/Acts of Lasciviousness/Lewdness
- Overt Sexual Advances
- Gestures with Lewd Insinuation
Verbal:
- Requests or Demands for Sexual Favors
- Lurid Remarks
Use of Objects, Pictures/Graphics,
Letters or Written Notes with Sexual
Underpinnings:
10. REPUBLIC ACT NO. 7877
(Anti-Sexual Harassment Act of
1995)
AN ACT DECLARING SEXUAL HARASSMENT
UNLAWFUL IN THE EMPLOYMENT, EDUCATION
OR TRAINING ENVIRONMENT, AND FOR OTHER
PURPOSES
11. Who are Covered by this Act?
• Workers or Employees
• Applicants or Candidates for Employment
• Students
• Those Undergoing Training, Institution, or
Education (Trainees)
12. 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
13. • Anybody else who has authority, influence, 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
14. • Elementary or High School Teacher
• College or University Professor
• College or University Instructor
• Coach/Trainer
15. Where is this Applicable?
• Workplace
• School
• Any other Place of Training, Institution, or
Education
17. In a work-related or employment
environment:
1. The sexual favor is made as a condition in the hiring
or in the employment, re-employment or continued
employment of said individual, or in granting said
individual favorable 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
way would discriminate, deprive or diminish
employment opportunities or otherwise adversely
affect said employee;
18. In a work-related or employment
environment (continued):
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.
19. In an education or training
environment:
1. Against one who is under the care, custody or
supervision of the offender;
2. Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender;
20. In an education or training
environment (continued):
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
consideration; or
4. When the sexual advances result in an intimidating,
hostile or offensive environment for the student,
trainee or apprentice.
24. 1. PROACTIVE APPROACH - Prevent or deter
the commission of acts of sexual harassment.
2. REACTIVE APPROACH - Provide the
procedures for the resolution, settlement or
prosecution of acts of sexual harassment.
25. In order to attain such ends, your
employer or head shall:
1. Promulgate appropriate rules and regulations in
consultation with and jointly approved by the
employees or students or trainees, through their
duly designated representatives.
26. 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
27. In order to attain such ends, your
employer or head shall (continued):
2. Prescribe the procedure for the investigation
of sexual harassment cases and the administrative
sanctions therefor.
• Discipline Management Process
• Grievance Procedures
28. In order to attain such ends, your
employer or head shall (continued):
3. Create a COMMITTEE ON DECORUM AND
INVESTIGATION (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.
29. In order to attain such ends, your
employer or head shall (continued):
4. Be solidarily liable for damages 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 no immediate action is taken.
30. Financial Damages:
- Monetary Settlement
Emotional/Mental/Psychological
Damages:
- Counseling
- Referral to an Agency Offering Professional Help
- Any other Advice or Option Available
31. CAN THE VICTIM PURSUE
INDEPENDENT ACTIONS FOR
THE DAMAGES?
32. 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 damages and other affirmative
relief.
33. WHAT ARE THE PENALTIES
FOR THE VIOLATION OF THIS
ACT’S PROVISION?
34. As per Law:
• Fine of Php10,000 – Php20,000
• Imprisonment of 1-6 months, or
• Both at the discretion of the court based on
the degree of gravity of the offense
– Grave offense
– Less grave offense
– Light offense
35. Generic Sanctions/Disciplinary
Actions in Companies:
Grave offenses – Dismissal
Less grave offenses
1st offense - Fine or suspension for thirty (30) days but not
exceeding six (6) months
2nd offense – Dismissal
Light offenses
1st offense – Reprimand
2nd offense - Fine or suspension not exceeding thirty (30) days
3rd offense - Dismissal
38. • 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.
39. • 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.
40. “A VICTIM REMAINS AS SUCH
ONLY UNTIL SHE LETS JUSTICE
BE SERVED BUT BECOMES AN
ETERNAL FOOL IF SHE DENIES
HERSELF OF IT.”
Sexual Harassment is classified as:1. Grave Offensesa. 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; ande. other analogous cases.2. Less Grave Offensesa. 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; ande. other analogous cases.3. Light Offensesa. 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;i. unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; andj. other analogous cases.