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Sexual harassment
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Sexual harassment

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  • 1. SEXUAL HARASSMENT Reported by: Aubrey Rose C. Sarsoza III-9 BS Psychology
  • 2. WHAT IS
  • 3. DEFINITION 1. Sexual Harassment - The Lack of a Common Definition 2. Sexual Harassment is Conduct of a Sexual Nature that Occurs Because of the Person's Sex 3. Sexual Harassment is Unwelcome Conduct 4. Sexual Harassment Detrimentally Affects the Work Environment
  • 4. Sexual Harassment - The Lack of a Common Definition “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” - United States Equal Employment Opportunity Commission (EEOC).
  • 5. Sexual Harassment - The Lack of a Common Definition “Sexual harassment has a lack of common definition.” - Copyright © 2003 Minnesota Advocates for Human Rights.
  • 6. Sexual Harassment - The Lack of a Common Definition “Generally, international instruments define sexual harassment broadly as ‘a form of violence against women’ and as ‘discriminatory treatment,’ while national laws focus more closely on the ‘illegal conduct.’” - Copyright © 2003 Minnesota Advocates for Human Rights.
  • 7. INTERNATIONAL INSTRUMENTS
  • 8. NATIONAL LAWS
  • 9. Sexual Harassment is Conduct of a Sexual Nature that Occurs Because of the Person's Sex Conduct of a sexual nature includes a range of behaviors or actions, since there is a very wide range of activities which are expressions of sexuality or have sexual connotations in our society. - Excerpted from: Shockwaves: The Global Impact of Sexual Harassment, Susan L. Webb, New York 1994.
  • 10. Sexual Harassment is Conduct of a Sexual Nature that Occurs Because of the Person's Sex Conduct that is based on the person’s sex means that the behavior relates specifically to the sex of the individuals involved in the incident.
  • 11. Sexual Harassment is Unwelcome Conduct Sex-based conduct in the workplace is unwelcome when: 1. an employee does not solicit or initiate the conduct; and 2. when the employee regards the conduct as undesirable and offensive.
  • 12. Sexual Harassment Detrimentally Affects the Work Environment The boundaries of the work environment are not determined by location. Instead, the boundaries of the work environment are defined by whether or not the person is doing something related to his or her job.
  • 13. DEFINITION “All definitions, however, are in agreement that the prohibited behavior is unwanted and causes harm to the victim.” - - Copyright © 2003 Minnesota Advocates for Human Rights.
  • 14. DEFINITION “It is an act or a series of acts involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed by a government employee or official in a work- related, training- or education- related environment of person complained of .” - Civil Service Commission (CSC) Resolution no. 01-0941, effective May 21, 2001.
  • 15. HOW COULD AN ACTION BE CONSIDERED SEXUAL HARASSMENT?
  • 16. For an action to be considered sexual harassment it must meet these criteria: 1. [the action] is related to sex or sexual conduct; 2. [the conduct] is unwelcome, not returned, not mutual; and 3. [the conduct] affects the terms or conditions of employment, in some cases including the work environment itself. Excerpted from: Shockwaves: The Global Impact of Sexual Harassment, Susan L. Webb, New York 1994.
  • 17. Is Sexual Harassment about Sex or Power?
  • 18. Copyright © 2003 Minnesota Advocates for Human Rights. Permission is granted to use this material for non-commercial purposes. Please use proper attribution. According to a 1992 study conducted by the International Labor Organization (ILO), ”Sexual harassment is inextricably linked with power and takes place in societies which often treat women as sex objects and second-class citizens.”
  • 19. Copyright © 2003 Minnesota Advocates for Human Rights. Permission is granted to use this material for non-commercial purposes. Please use proper attribution. Catharine MacKinnon, one of the foremost writers on the topic, describes sexual harassment as an “explosive combining of unacceptable sexual behavior and the abuse of power.” A particular incident of harassment may or may not include any explicitly sexual behavior, but it always involves some form of abuse of power.
  • 20. Examine the difference between sexual invitation and sexual harassment is common.
  • 21. MISCONCEPTIONS Many men and women around the world believe that sexual harassment is “a practice based on simple sexual attraction”. It is often seen as “an expression of male interest and a form of flattering sexual attention for women” – a sometimes vulgar but essentially harmless romantic game, well within the range of normal, acceptable behavior between men and women. Adapted from Back Off! How to Confront and Stop Sexual Harassment and Harassersby Martha Langelan.
  • 22. However, the difference between invitation and harassment is the use of power. Harassment is not a form of courtship and it is not meant to appeal to women. It is designed to coerce women, not to attract them.
  • 23. WHAT IS THE POLICY OF THE STATE ON SEXUAL
  • 24. Source: Civil Service Commission (CSC), Administrative Disciplinary Rules on Sexual Harassment Cases. Resolution No. 01-0940, May 21, 2001 Sexual harassment, which has been declared unlawful in the workplace, training and education environments, will not be tolerated as it violates the dignity and human rights of a person.
  • 25. WHAT IS THE PRESENT LAW ON SEXUAL HARASSMENT?
  • 26. Source: Civil Service Commission (CSC), Administrative Disciplinary Rules on Sexual Harassment Cases. Resolution No. 01-0940, May 21, 2001 R.A. 7877, an “Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for other purposes” was approved on February 14, 1995 and became effective on March 5, 1995, fifteen (15) days after its publication in the Malaya and Times Journal on February 18, 1995. It is known as “The Anti-Sexual Harassment Act of 1995.”
  • 27. WHAT IS CIVIL SERVICE COMMISSION (CSC) RESOLUTION NO. 01- 0940?
  • 28. Source: Civil Service Commission (CSC), Administrative Disciplinary Rules on Sexual Harassment Cases. Resolution No. 01-0940, May 21, 2001 It is known as the Administrative Disciplinary Rules on Sexual Harassment Cases.
  • 29. WHERE CAN SEXUAL HARASSMENT BE COMMITTED UNDER THE PROVISIONS OF CSC RESOLUTION NO. 01-0940?
  • 30. Sexual harassment may take place: 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.
  • 31. WHEN IS SEXUAL HARASSMENT COMMITTED IN THE EMPLOYMENT OR WORK- RELATED ENVIRONMENT?
  • 32. Work-related sexual harassment is committed when: 1. the submission to or rejection of the act or series of acts is used as basis for any employment decision (including but not limited to, matters related to hiring, promotion, raises in salary, job security, benefits and any other personnel action) affecting the applicant/employee; or 2. the act or series of acts have the purpose or effect of interfering with the complainant’s work performance, or creating an intimidating, hostile or offensive work environment; or 3. the act or series of acts might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to a complainant who may be a co-employee, applicant, customer, or ward of the person complained of.
  • 33. WHEN IS SEXUAL HARASSMENT COMMITTED IN AN EDUCATION OR TRAINING ENVIRONMENT?
  • 34. Education or training related sexual harassment is committed when: 1. the submission to or rejection of the act or series of acts is used as a basis for any decision affecting the complainant, including, but not limited to, the giving of a grade, the granting of honors or a scholarship, the payment of a stipend or allowance, or the giving of any benefit, privilege or consideration; or 2. the act or series of acts have the purpose or effect of interfering with the performance, or creating an intimidating, hostile or offensive academic environment of the complainant; or 3. the act or series of acts might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to a complainant who may be a trainee, apprentice, intern, tutee or ward of the person complained of.
  • 35. Who is an Harasser & Who may be Harassed?
  • 36. PEER TO PEER HARASSMENT
  • 37. Subordinate Harassment of Supervisor
  • 38. Men can be sexually harassed by women
  • 39. Same Sex Harassment
  • 40. Third party harassment
  • 41. WHAT ARE THE FORMS OF SEXUAL HARASSMENT?
  • 42. 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.
  • 43. VERBAL • Referring to an adult as a girl, hunk, doll, babe, or honey • Whistling at someone, cat calls • Making sexual comments about a person's body • Making sexual comments or innuendos • Turning work discussions to sexual topics • Telling sexual jokes or stories • Asking about sexual fantasies, preferences, or history • Asking personal questions about social or sexual life • Making kissing sounds, howling, and smacking lips • Making sexual comments about a person's clothing, anatomy, or looks • Repeatedly asking out a person who is not interested • Telling lies or spreading rumors about a person's personal sex life
  • 44. NON-VERBAL • Looking a person up and down (Elevator eyes) • Staring at someone • Blocking a person's path • Following the person • Giving personal gifts • Displaying sexually suggestive visuals • Making sexual gestures with hands or through body movements • Making facial expressions such as winking, throwing kisses, or licking lips
  • 45. PHYSICAL • Giving a massage around the neck or shoulders • Touching the person's clothing, hair, or body • Hugging, kissing, patting, or stroking • Touching or rubbing oneself sexually around another person • Standing close or brushing up against another person
  • 46. What are the Types of Sexual Harassment?
  • 47. U.S. law describes two different forms of sexual harassment: (1) quid pro quo, and (2) hostile work environment
  • 48. Quid pro quo sexual harassment Quid pro quo is Latin for “this for that” or “something for something” and refers to an exchange. In this case, the exchange is between employees, where one provides sexual favors in exchange for something else, such as favorable treatment in work assignments, pay or promotion.
  • 49. Hostile Work Environment Sexual Harassment A hostile work environment is one in which unwelcome conduct of a sexual nature creates an uncomfortable work environment for some employees. Examples of this conduct include sexually explicit talk, sexually provocative photographs, foul or hostile language or inappropriate touching.
  • 50. WHAT IS THE CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT?
  • 51. Sexual Harassment is classified as: 1. Light Offenses 2. Less Grave 3. Grave Offenses
  • 52. 1. 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; i. unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and j. other analogous cases.
  • 53. 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.
  • 54. 3. 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.
  • 55. WHAT ARE THE PENALTIES FOR OFFENSES OF SEXUAL HARASSMENT?
  • 56. 1. Light offenses 1 st offense - Reprimand 2 nd offense - Fine or suspension not exceeding thirty (30) days 3 rd offense - Dismissal 2. Less grave offenses 1st offense - Fine or suspension for thirty (30) days but not exceeding six (6) months 2nd offense - Dismissal 3. Grave offenses - Dismissal
  • 57. WHAT ARE THE CAUSES OF SEXUAL HARASSMENT?
  • 58. PROPOSITION: Sexual harassment is, above all, a manifestation of power relations Copyright © 2003 Minnesota Advocates for Human Rights. Permission is granted to use this material for non-commercial purposes. Please use proper attribution.
  • 59. UNDERLYING CAUSES: 1. Violence and Male Self-Perception 2. The Economics of the Women’s Work 3. Discrimination as a Form of Workplace Control Copyright © 2003 Minnesota Advocates for Human Rights. Permission is granted to use this material for non-commercial purposes. Please use proper attribution.
  • 60. BRAINSTORMING RESULTS: Sexual harassment as a “natural” practice based on simple sexual attraction (i.e. “boys will be boys”)  Sexual harassment as caused by the victim’s provocative dress or behavior (i.e. “she was asking for it”)  Sexual harassment as justified because women were working in jobs traditionally held by men (i.e. “this is men’s work - women don’t belong here”) Source: http://www.stopvaw.org/uploads/causes_and_theories_sex_harassmt__2009.pdf
  • 61. WHAT ARE THE EFFECTS OF SEXUAL HARASSMENT?
  • 62. Physical and psychological health effects: Victims of sexual harassment “suffer physical and psychological effects such as serious forms of stress, anxiety, fatigue and depression which directly affect productivity and quality.” Other potential health effects: - weight loss/gain - loss of appetite - sleep disturbance - headaches - post-traumatic stress disorder Source: ILO Guidelines.
  • 63. FINANCIAL EFFECTS: - decreased work performance as victim must focus on dealing with harassment and resulting dynamics, or due to psychological effects - increased absenteeism to avoid harassment, or due to illness from the stress, resulting in sick leave without pay - termination due to retaliation from harasser or due to decreased work performance resulting from harassment - cost to relocate to another city or job - loss of job references/recommendations - loss of career Source: Coomaraswamy, Radhika, Report of the Special Rapporteur on violence against women, its causes and consequences
  • 64. Social effects: The health and financial effects of sexual harassment listed above are often exacerbated by the social dynamics that can evolve as a result of the sexual harassment: - retaliation from the harasser, or colleagues/friends of the harasser, should the victim complain or file a grievance - having one’s personal life offered up for public scrutiny – the victim becomes the “accused,” and her dress, lifestyle, and private life will often come under attack Source: What is sexual harassment and why is it so difficult to confront?, Sexual Harassment Support (last accessed 2 March 2009).
  • 65. SOCIAL EFFECTS (continued): - being objectified and humiliated by scrutiny and gossip - becoming publicly sexualized - defamation of character and reputation - loss of trust in environments similar to where the harassment occurred or in the types of people occupying similar positions as the harasser - extreme stress upon relationships with significant others, peers, colleagues - weakening of support network – colleagues, friends, and even family may distance themselves from the victim Source: What is sexual harassment and why is it so difficult to confront?, Sexual Harassment Support (last accessed 2 March 2009).
  • 66. What to do in case of sexual harassment?
  • 67. Say ‘No’ or ‘Stop it’ firmly and loud enough for someone to hear.
  • 68. Document the event/s.
  • 69. Inform someone about what happened
  • 70. File a complaint
  • 71. STATISTICS • According to the Civil Service Commission, a total of 150 cases of sexual harassment have been recorded, from 1994 to 2012, of which 101 cases were resolved, while 20 were referred to the agencies involved. • Data on Compliance of Higher Educational Institutions with RA 7877 show that in 2011, 42 complaints from State Universities and Colleges (SUCs) and 49 complaints from Private Higher Education Institutions (HEIs) were reported to CHED. © Copyright 2009 - Philippine Commission on Women
  • 72. STATISTICS (continued) Reported cases of sexual harassment, acts of lasciviousness, unjust vexation, seduction also increased from 928 in 2012 to 1,489 in 2013. - By BENJIE OLIVEROS Bulatlat perspective Between 74 percent and 75 percent of women professionals or in top management jobs had experienced sexual harassment in their lifetime, and one in four of these women have been confronted with sexual harassment in the 12 months prior to the survey. - By BENJIE OLIVEROS Bulatlat perspective
  • 73. STATISTICS (continued) From January 2000 to August 2011, there were 757 recorded cases of sexual harassment or five (5) cases per month. In the meantime, the PNP- WCPC also said that one child becomes a victim of sexual harassment every seven hours. – INAALLECO R. SILVERIO • Five out of 10 women living in Metro Manila have experienced sexual harassment but many of them do not consider it a violation of their rights. This is the result of a recent survey conducted by the Center for Women’s Resources (CWR), a research and education institution for women. - BY BULATLAT.COM
  • 74. VICTIM OF SEXUAL HARASSMENT

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