Sexual harassment is defined as unwelcome verbal or physical behavior of a sexual nature, especially by a person in a position of authority towards a subordinate. It can include unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual's employment. A single incident may not necessarily constitute sexual harassment, but a number of separate incidents can if they unreasonably interfere with work performance or create a hostile work environment. Individuals who engage in sexual harassment face penalties under Republic Act No. 7877 including fines and imprisonment.
2. SEXUAL HARASSMENT - is a behavior. It is defined as
unwelcome behavior of a sexual nature.
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)
It is bullying or coercion of a sexual nature, or the
unwelcome or inappropriate promise of rewards in
exchange for sexual favors.
Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature when:
3. 1. If a man whistles at a woman when she walks by. Or a
woman looks a man up and down when he walks towards
her.
2. Submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's
employment.
3. Submission to or rejection of such conduct by an individual
is used as a basis for employment decisions affecting such
individual.
4. Such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or
creating an intimidating, hostile, or offensive working
environment.
4. Unwelcome Behavior is the critical
word. Unwelcome does not mean
"involuntary." A victim may
consent or agree to certain
conduct and actively participate
in it even though it is offensive
and objectionable. Therefore,
sexual conduct is unwelcome
whenever the person subjected to
it considers it unwelcome.
Whether the person in fact
welcomed a request for a date,
sex-oriented comment, or joke
depends on all the circumstances.
5. Sexual harassment includes many things:
Actual or attempted rape or sexual
assault.
Unwanted pressure for sexual favors.
Unwanted deliberate touching, leaning
over, cornering, or pinching.
Unwanted sexual looks or gestures.
Unwanted letters, telephone calls, or
materials of a sexual nature.
Unwanted pressure for dates.
Unwanted sexual teasing, jokes,
remarks, or questions.
6. Referring to an adult as a girl, hunk, doll,
babe, or honey.
Whistling at someone.
Cat calls.
Sexual comments.
Turning work discussions to sexual topics.
Sexual innuendos or stories.
Asking about sexual fantasies, preferences, or
history.
Personal questions about social or sexual life.
7. Sexual comments about a
person's clothing,
anatomy, or looks.
Kissing sounds, howling,
and smacking lips.
Telling lies or spreading
rumors about a person's
personal sex life.
Neck massage.
Touching an employee's
clothing, hair, or body.
Giving personal gifts.
Hanging around a person.
8. Hugging, kissing, patting, or stroking.
Touching or rubbing oneself sexually around
another person.
Standing close or brushing up against a person.
Looking a person up and down (elevator eyes).
Staring at someone.
Sexually suggestive signals.
Facial expressions, winking, throwing kisses, or
licking lips.
Making sexual gestures with hands or through
body movements.
9. 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
10. 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
11. 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
12. 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
13. of a Non-Sexual Nature
Non-sexual conduct may
also be sexual
harassment if you are
harassed because you are
female, rather than male,
or because you are male,
rather than female
14. “Severe or Pervasive”
The conduct of the harasser must be
either severe or pervasive to be
classified as sexual harassment.
Although a single unwanted request
for a date or one sexually suggestive
comment might offend you and/or be
inappropriate, it may not be sexual
harassment. However, a number of
relatively minor separate incidents
may add up to sexual harassment if
the incidents affect your work
environment.
15. “Affects working conditions or creates
a hostile work environment”
It may be sexual harassment if the
conduct unreasonably interferes with
your work performance or creates an
“intimidating, hostile, or offensive work
environment.”
For example, it may be sexual
harassment if repeated sexual
comments make you so uncomfortable
at work that your performance suffers
or you decline professional
opportunities because it will put you in
contact with the harasser.
16. Steps to File a Complain
1. Let the harasser know that his/her
conduct is unwanted and unwelcome.
2. Go to a supervisor and explain the
circumstances. Be sure to take with you
documented dates, times, and specific
occurrences if you have them. Also,
report the incident to Human Resources.
If the appropriate supervisor is
unavailable, or is the offender, report the
incident directly to Human Resources.
17. REPUBLIC ACT NO. 7877
AN ACT DECLARING SEXUAL HARASSMENT
UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR OTHER
PURPOSE
SECTION 1. Title. — This Act shall be known as
the “Anti-Sexual Harassment Act of 1995.”
Sec. 7. Penalties. – Any person who violates the
provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one
(1) month nor more than six (6) months, or a
fine of not less than Ten thousand pesos
(P10,000) nor more than Twenty thousand pesos
(P20,000), or both such fine and imprisonment
at the discretion of the court.