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Anti-sexual Harassment Act of 1995.ppt

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Anti-sexual Harassment Act of 1995.ppt

  1. 1. Republic Act No. 7877 “An Act Declaring Sexual Harassment Unlawful in the Employment, Education Or Training Environment, and for Other Purposes” Anti Sexual Harassment Act of 1995 1
  2. 2. SEXUAL HARASSMENT 2  is any unwanted sexual attention or conduct directed at a person. This can be verbal or physical and can range from sexist remark to sexual assault. The harasser’s intention is irrelevant, the victim’s perception of the situation as wanted or unwanted determines whether or not is sexual harassment.” -Women’s Health & the Law
  3. 3. The Anti-Sexual harassment Act of 1995 Penalizes sexual harassment occurring in:  the workplace  school and  training environment 3
  4. 4. Two basic types:  Quid pro quo (Something for something) -the demand of sexual favors in exchange for educational or economic benefits  hostile or offensive environment -verbal acts -non-verbal acts 4
  5. 5. ELEMENTS (Section 3): 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 person 5
  6. 6. Sexual favor is made as a condition in: - the hiring, re-employment or continued employment, granting of favorable compensation, terms, conditions, promotions or privileges or - that the refusal to grant the sexual favor results in limiting, classifying employee which in any way would discriminate, deprive or diminish employment opportunities 6 Sec. 3(a) Work-related
  7. 7. Sec 3(b) - School or training 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 7
  8. 8. School or training When the sexual favor is made as a condition to: - giving of a grade - the granting of honors or scholarships - the payment of a stipend, allowance or other benefits, privileges and considerations 8
  9. 9. School or training when the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice in an education/training related environment 9
  10. 10. WHO IS LIABLE? In a work env’t:  Employer, employee, manager, supervisor, agent of the employer In an education or training- related env’t:  Teacher, instructor, professor, coach, trainor  Or any other person having  authority  influence or  moral ascendancy over another in a work, training or education environment  Any person who directs or induces another to commit any act of SH  Any person who cooperates in the commission of SH by another w/o which it would have not been committed 10
  11. 11. Employer / Head of Office: To promulgate rules and regulations / guidelines for proper decorum in consultation with and jointly approved by the employees or students to create a Committee on Decorum and Investigation (CODI) to handle cases of sexual harassment 11
  12. 12. Committe on Decorum & Investigation (CODI) 12 To increase understanding of SH To prevent incident of SH To conduct investigation of SH cases
  13. 13. Composition of CODI (Section 4b) 13 In a work – related env’t, at least 1 representative from the: - Management - Union -Employees from the supervisory rank - Rank and file employees In an education or training env’t, at least 1 rep. from the: - Administration - Trainors, teachers, instructors, professors or coaches
  14. 14. Procedure: 1. Counseling (get the facts) 2. Obtaining professional help 3. Offering Options Available a. First Option - To File Case - Administrative - Criminal Case - Civil b. Second Option - Not to File Case 14
  15. 15. 15 LIABILITY OF EMPLOYER, HEAD OF OFFICE, EDUCATIONAL OR TRAINING INSTITUTION (Section 5) SOLIDARILY LIABLE if: - they are informed of such acts by the offended party - No immediate action is taken
  16. 16. PENALTY: 1. Imprisonment (1 month to 6 mos.) 2. Fine -PhP 10,000 to PhP20,000.00 3. Or BOTH INDEPENDENT CIVIL ACTION (Damages) PRESCRIPTIVE PERIOD: - 3 years ADMINISTRATIVE ACTION: Civil Service Commission 16
  17. 17. SALAMAT PO! 17 Atty. Grace R. Marcos Attorney IV Commission on Human Rights Region 2 Tuguegarao City, Cagayan

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