Sexual harassment
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Sexual harassment

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    Sexual harassment Sexual harassment Presentation Transcript

    • Presented byMary Ann Wong Tugbang-TorresAsst. Provincial ProsecutorProvince of Zamboanga del Sur
    • DEFINITION OF SEXUAL HARASSMENTUnited Nations Definition:- “unwelcome behavior of a sexual nature.” It can be verbal (making sexual innuendos), non-verbal (making suggestive gestures) and physical (touching someone in a sexually explicit manner)- can refer to such mild acts as whistling, winking, cat calls, and licking one’s lips, as well as grave offenses like being forced to perform sexual acts and at worst, rape.
    • UN lists the following as constituting sexualharassment (in no particular order):• Unwanted sexual looks or gestures• Unwanted sexual teasing, jokes, remarks, or questions• Sexual comments• Turning work discussions to sexual topics• Touching an employee’s clothing, hair, or body• Sexually suggestive signals• Standing close to or brushing up against a person• Hugging, kissing, patting, or stroking• Unwanted deliberate touching, leaning over, pinching, orcornering• Touching or rubbing oneself sexually around anotherperson, among other things
    • RA 7877Anti-Sexual Harassment Act of 1995Sexual Harassment – committed when aperson who, havingauthority, influence, or moral ascendancyover another in a work or training oreducationenvironment, DEMANDS, REQUESTS, orotherwise REQUIRES sexual favor from theother, regardless of whether thedemand, request or requirement forsubmission is accepted by the object of
    • Anti-Sexual Harassment Act of 1995Work-Related or Employment Environment Education or Training Environment
    • Work-Related or Employment EnvironmentSexual Harassment is committed:1. Sexual Favor is made as a condition inhiring or in the employment, re-employment or continued employmentof said individual, or in granting saidindividual, or in granting said individualfavorable compensation, terms,conditions, promotions, or privileges;
    • Work-Related or Employment EnvironmentSexual Harassment is committed:OR the refusal to grant the sexual favor results inlimiting, segregating or classifying the employeewhich in any way would discriminate, deprive ordiminish employment opportunities or otherwiseadversely affect said employee;2. The above acts would result in anintimidating, hostile, or offensive environment forthe employee;3. The above acts would impair the employee’s rights
    • Education or Training EnvironmentSexual Harassment is committed:1. Against one who is under thecare, custody or supervision of theoffender;2. Against one whoseeducation, training, apprenticeship ortutorship is entrusted to the offender;
    • Education or Training EnvironmentSexual Harassment is committed:3. When the sexual favor is made aCONDITION to the giving of a passinggrade, or the granting of honors &scholarships, or the payment of a stipend,allowance or other benefits, privileges, orconsiderations; OR4. When the sexual advances result in anintimidating, hostile or offensiveenvironment for the student, trainee orapprentice
    • Other Persons Liable:- Who directs or induces another to commit any act of sexual harassment as herein defined- Who cooperates in the commission thereof by another without which it would not have been committed
    • SHALL BE SOLIDARILY LIABLE FORDAMAGES arising from the acts of sexualharassment committed in theemployment, education or trainingenvironmentIF the employer, head of office, educationalor training institution IS INFORMED OFSUCH ACTS BY THE OFFENDED PARTYAND NO IMMEDIATE ACTION IS TAKEN
    • Imprisonment of NOT LESS THAN ONE MONTH NORMORE THAN SIX YEARSORFine of not less than TEN THOUSAND PESOS NOR MORETHAN TWENTY THOUSAND PESOSOR BOTH, at the discretion of the court(Prescription: Three Years)
    • • To prevent or deter the commission of acts of sexual harassment• To provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment
    • • Promulgate appropriate rules and regulationsin consultation with and jointly approved by theemployees or students or trainees, through theirduly designated representatives, prescribing theprocedure for the investigation of sexualharassment cases and the administrativesanctions therefor(shall include, among others, guidelines on proper decorum in theworkplace and educational or training institutions)
    • • Create a Committee on Decorum and Investigationof cases on sexual harassment- Which shall conduct meetings with officers and employees, teachers, instructors, professors, coaches, tr ainors and students or trainees to increase understanding and prevent incidents of sexual harassment- Which shall conduct the investigation of the alleged cases constituting sexual harassment
    • • Work-related environment:at least 1 representative each from themanagement, union, if any, the employees fromthe supervisory rank, and from the rank and fileemployees• Educational or Training Institution:at least 1 representative from theadministration, thetrainors, teachers, instructors, professors orcoaches and students or trainees