Sexual Harassment in the Philippine Workplace

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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.

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  • 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.
  • Sexual Harassment in the Philippine Workplace

    1. 1. Sexual Harassment in the Workplace WHAT YOU MUST KNOW
    2. 2. ObjectivesBy the end of my 1-hour talk, youshould 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.
    3. 3. WHAT IS SEXUALHARASSMENT?
    4. 4. Literary/Dictionary Definitionuninvited and unwelcome verbal or physical behaviorof a sexual nature especially by a person in authoritytoward a subordinate (as an employee or student).
    5. 5. As defined by R.A. No. 7877is committed by an employer, employee, manager,supervisor, agent of the employer, teacher,instructor, professor, coach, trainer, or any otherperson who, having authority, influence or moralascendancy over another in a work or training oreducation environment, demands, requests orotherwise requires any sexual favor from the other,regardless of whether the demand, request orrequirement for submission is accepted by theobject of said act.
    6. 6. (OFFENDER) SUPERIOR(OFFENDED) SUBORDINATE
    7. 7. Definition of TermsASCENDANCY – governing or controllinginfluenceSEXUAL – does not just involve the act itselfbut anything that has to do with or related to thereproductive organs or a behavior which issexually motivated or has sexual desires.
    8. 8. WHAT ARE THE FORMSSEXUAL HARASSMENT?
    9. 9. Physical: - Malicious Touching/Acts of Lasciviousness/Lewdness - Overt Sexual Advances - Gestures with Lewd InsinuationVerbal: - Requests or Demands for Sexual Favors - Lurid RemarksUse of Objects, Pictures/Graphics,Letters or Written Notes with SexualUnderpinnings:
    10. 10. REPUBLIC ACT NO. 7877 (Anti-Sexual Harassment Act of 1995) AN ACT DECLARING SEXUAL HARASSMENTUNLAWFUL IN THE EMPLOYMENT, EDUCATIONOR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES
    11. 11. Who are Covered by this Act?• Workers or Employees• Applicants or Candidates for Employment• Students• Those Undergoing Training, Institution, or Education (Trainees)
    12. 12. Who are Punishable by or Held Liable inthis Act? • Employer or Head • Employee who belongs to a higher level • Manager/Supervisor • Agent of the Employer
    13. 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. 14. • Elementary or High School Teacher• College or University Professor• College or University Instructor• Coach/Trainer
    15. 15. Where is this Applicable?• Workplace• School• Any other Place of Training, Institution, or Education
    16. 16. WHEN IS SEXUALHARASSMENT COMMITTED?
    17. 17. In a work-related or employmentenvironment: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. 18. In a work-related or employmentenvironment (continued):2. The above acts would impair the employees rights or privileges under existing labor laws; or3. The above acts would result in an intimidating, hostile, or offensive environment for the employee.
    19. 19. In an education or trainingenvironment: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. 20. In an education or trainingenvironment (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; or4. When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
    21. 21. WHAT PROCEDURES DO YOUFOLLOW ONCE HARASSED?
    22. 22. YOUR EMPLOYER OR HEAD’S DUTIES OR INVOLVEMENT
    23. 23. 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.
    24. 24. In order to attain such ends, youremployer 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.
    25. 25. These appropriate rules andregulations may include but notlimited 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
    26. 26. In order to attain such ends, youremployer 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
    27. 27. In order to attain such ends, youremployer 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.
    28. 28. In order to attain such ends, youremployer 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.
    29. 29. Financial Damages: - Monetary SettlementEmotional/Mental/PsychologicalDamages: - Counseling - Referral to an Agency Offering Professional Help - Any other Advice or Option Available
    30. 30. CAN THE VICTIM PURSUEINDEPENDENT ACTIONS FOR THE DAMAGES?
    31. 31. ANSWER: YES.Nothing in this Act shall preclude (rule out in advance)the victim of work, education or training-related sexualharassment from instituting a separate andindependent action for damages and other affirmativerelief.
    32. 32. WHAT ARE THE PENALTIESFOR THE VIOLATION OF THIS ACT’S PROVISION?
    33. 33. 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
    34. 34. Generic Sanctions/DisciplinaryActions in Companies:Grave offenses – DismissalLess grave offenses1st offense - Fine or suspension for thirty (30) days but not exceeding six (6) months2nd offense – DismissalLight offenses1st offense – Reprimand2nd offense - Fine or suspension not exceeding thirty (30) days3rd offense - Dismissal
    35. 35. THE BEST THINGS TO DO WHEN DONE AN ACT OF SEXUAL HARASSMENT
    36. 36. • 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.
    37. 37. • 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.
    38. 38. “A VICTIM REMAINS AS SUCHONLY UNTIL SHE LETS JUSTICEBE SERVED BUT BECOMES ANETERNAL FOOL IF SHE DENIES HERSELF OF IT.”
    39. 39. www.youtube.com/MyronStaAna 368-3214 0927-351-9391www.twitter.com/MyronStaAnawww.myronstaana.wordpress.comwww.linkedin.com/in/MyronStaAnawww.facebook.com/MyronStaAnaTCSwww.myronstaana.wix.com/Myronosophies

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