This document provides information about sexual harassment in the workplace. It defines sexual harassment, outlines the types of behavior that constitute sexual harassment, and discusses the Anti-Sexual Harassment Act of 1995 which makes sexual harassment unlawful. The act covers workers, students, and trainees and holds employers, managers, supervisors, and teachers accountable. Sexual harassment can be quid pro quo, where sexual favors are required to keep a job or receive benefits, or it can create a hostile work environment. The penalties for violating the act range from fines to imprisonment depending on the severity of the offense.
2. Objectives
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.
By the end of this session, you should
be able to:
3. increase knowledge about sexual
harassment in work, education, or training
environment in order to stop its
occurrence.
define sexual harassment and promote the
understanding of what is/what is not
sexual harassment.
explain legal and other consequences of
sexual harassment.
4. Why should you be concerned
about sexual harassment?
Sexual Harassment behavior is contrary
to the norms and values of the society.
Sexual harassment in work, education, or
training environment violates civil rights
law.
Being able to identify what constitute
sexual harassment conduct and knowing
how to respond to it.
5. Sexual Harassment can occur
in a variety of circumstances, including
but not limited to the following:
The victim as well as the harasser may
be a woman or a man. The victim does
not have to be of the opposite sex;
The harasser can be the victim’s
supervisor, a lecturer, an agent of the
employer, a supervisor in another area,
a co-worker, or a non-employee;
6. Sexual Harassment can occur
in a variety of circumstances, including
but not limited to the following:
Unlawful sexual harassment may
occur without economic injury to
or discharge of the victim;
The harasser’s conduct must be
unwelcome.
8. Literary/Dictionary Definition
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).
Sexual harassment happens when
submission to, or rejection of this
conduct explicitly or implicitly
affects an individual’s
employment, unreasonably
interferes with an individual’s
work performance or creates an
intimidating, hostile, or offensive
work (academic) environment.
9. As defined by R.A. No. 7877
is committed by an employer, employee,
manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainer, or
any other person who, 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, regardless of
whether the demand, request or requirement for
submission is accepted by the object of said act.
11. Definition of Terms
ASCENDANCY – governing or
controlling influence
SEXUAL – does not just involve the act
itself but anything that has to do with
or related to the reproductive organs or
a behavior which is sexually motivated
or has sexual desires.
13. - Malicious Touching/Acts of Lasciviousness/Lewdness
- Overt Sexual Advances
- Gestures with Lewd Insinuation
Physical:
- Requests or Demands for Sexual Favors
- Lurid Remarks
Verbal:
Use of Objects, Pictures/Graphics, Letters or
Written Notes with Sexual Underpinnings:
14. REPUBLIC ACT NO. 7877
(Anti-Sexual Harassment Act of 1995)
AN ACT DECLARING SEXUAL HARASSMENT
UNLAWFUL IN THE EMPLOYMENT,
EDUCATION OR TRAINING ENVIRONMENT,
AND FOR OTHER PURPOSES
15. Who are Covered by this Act?
Workers or Employees
Applicants or Candidates for Employment
Students
Those Undergoing Training, Institution, or
Education (Trainees)
16. Who are Punishable by or Held Liable in
this Act?
Employer or Head
Employee who belongs to a higher level
Manager/Supervisor
Agent of the Employer
17. 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
18. Elementary or High School Teacher
College or University Professor
College or University Instructor
Coach/Trainer
19. Where is this Applicable?
Workplace
School
Any other Place of Training, Institution, or
Education
21. 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;
In a work-related or employment
environment:
22. 2. The above acts would impair the employee's
rights or privileges under existing labor laws; or
3. The above acts would result in an intimidating,
hostile, or offensive environment for the
employee.
In a work-related or employment
environment (continued):
23. 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;
In an education or training
environment:
24. 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; or
4. When the sexual advances result in an
intimidating, hostile or offensive
environment for the student, trainee
or apprentice.
In an education or training
environment (continued):
27. QUID PRO QOU SEXUAL
HARASSMENT
Quid pro quo sexual harassment occurs when
an employee is offered to be retained in his/her
job or be promoted in exchange for sexual
favors. The person who commits quid pro quo
sexual harassment is a person with power to
influence the victim's employment or
educational situation like a supervisor, manager
or a teacher.
28.
29. HOSTILE WORK ENVIRONMENT
Hostile work environment sexual
harassment, on the other hand, occurs
when a co-worker, manager or supervisor
in the work place makes unwelcome
sexual advances which interferes with
work performance or creates an
intimidating, hostile or offensive work
and/or learning environment.
30.
31. Unacceptable Behaviors that Signal SH:
Physical contact that includes touching,
pinching, patting, kissing, rubbing up against,
fondling, groping, grabbing or assault.
Interfering with or blocking movement;
Verbal sexual advances or propositions;
Suggestive or obscene letters, notes,
invitations, or emails received at work or at
home;
repeated face-to-face, telephone or email
invitations after having refused.
32.
33. Is it really Sexual harassment?
If you are not sure about being
harassed, just ask yourself this
question:
“Does it feel good or bad?”
Flirting feels good for both parties,
whereas harassment feels bad for
the harassed, making him/her
uncomfortable.
34. Has any of these ever
happened to you?
I’ve been the target of sexual
comments, jokes, teasing, gestures, or
looks;
I have had sexual rumors about me;
I have had my way blocked in a sexual
way;
I have been touched, grabbed, or
pinched in a sexual way;
35. I have been shown or given sexual
pictures photographs, illustrations,
messages, or notes;
36. If you answered YES to one or more
of the questions,
chances are that you have been
sexually harassed.
38. 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.
39. What if the employer or head
of office did not undertake any action
despite his/her knowledge of SH?
The employer or head of office,
educational or training institution will
be held liable for the damages arising
from acts of sexual harassment if they
are informed by the offended party of
the occurrence of such acts, yet no
action has been undertaken.
40. Can an offended party seek
redress by taking independent
action?
an offended party may take
independent action for
damages incurred in the act of
sexual harassment. She/he may
also avail of relief.
41. - Monetary Settlement
Financial Damages:
- Counseling
- Referral to an Agency Offering Professional Help
- Any other Advice or Option Available
Emotional/Mental/Psychological Damages:
42. CAN THE VICTIM PURSUE
INDEPENDENT ACTIONS FOR THE
DAMAGES?
43. Nothing in this Act shall preclude (rule out in
advance) the victim of work, education or
training-related sexual harassment from
instituting a separate and independent action for
damages and other affirmative relief.
ANSWER: YES.
44. WHAT ARE THE PENALTIES FOR
THE VIOLATION OF THIS ACT’S
PROVISION?
45. 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
As per Law:
46. Sexual Harassment is classified as:
1. 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.
47. 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.
48. 3. 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;
49. 3. Light Offenses
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
50. Grave offenses – Dismissal
Less grave offenses
1st offense - Fine or suspension for thirty (30) days but not
exceeding six (6) months
2nd offense – Dismissal
Light offenses
1st offense – Reprimand
2nd offense - Fine or suspension not exceeding thirty (30)
days
3rd offense - Dismissal
Generic Sanctions/Disciplinary Actions
in Companies:
51. Any action arising from the
violation of the provisions of this
Act shall prescribe in three (3)
years
54. 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.
Report it to your immediate supervisor unless
he/she is the offender.
55. “A VICTIM REMAINS AS SUCH
ONLY UNTIL SHE LETS JUSTICE BE
SERVED BUT BECOMES AN
ETERNAL FOOL IF SHE DENIES
HERSELF OF IT.”
Moral ascendancy - commonly used as a synonym for "moral high ground", but in law it can refer to a position of authority that can be abused, usually an aggravating circumstance in cases of sexual coercion.
Acts of Lasciviousness - the act of making a physical contact with the body of another person for the purpose of obtaining sexual gratification other than, or without intention of, sexual intercourse.
Lewdness – the quality of being very sexual or lustful in an offensive way.
Overt – done or shown openly, plainly or readily apparent, not secret or hidden.
Lewd – malaswa, mahalay
Lurid – explicit, harsh, vulgar or loud remarks.
All forms of sexual harassment in the employment, education or training environment are declared unlawful.
hostile work environment exists when one's behavior within a workplace creates an environment that is difficult or uncomfortable for another person to work in, due to discrimination.
Quid Pro Qou means a favor or advantage granted or expected in return for something. – something for something
An example would be if a manager suggests that an employee goes out with him on a date or asks for a neck or back rub every so often in exchange for retaining her post or be promoted.
In this type of sexual harassment, it is not important if the victim gave in or agrees to the offer. It is enough that the harasser floats or makes the offer and the victim is not barred from filing a claim if he or she later on changes his or her mind.
Example of a verbal harassing conduct is when one makes a sexual comment about a person's clothing, anatomy or looks. In cases of non-verbal sexually harassing conduct an example would be leering, staring or glaring at someone. Visual sexually harassing conduct on the other hand could be displaying sexually suggestive calendars, photographs, posters or cartoons in the workplace. Physically harassing conduct is when someone gives a massage around the neck or shoulders and the victim did not ask for it and regards it as offensive.
In this type of sexual harassment, even the employer is liable if he has knowledge or should have knowledge of the sexual harassment perpetrated on one of the employees and the employer either does nothing about it or even faulted the victim for the happening of the sexually harassing conduct.
In both cases, it would be to the best interest of the victim to secure the services of a lawyer immediately to protect the victim's legal rights.
Lewd acts, also known as “lewd and lascivious conduct,” refers to any act that is sexual in nature, which would be considered indecent or shocking to a reasonable person
Fondling to touch gentle in sexual way
Sexual assault is an act in which a person intentionally sexually touches another person without that person's consent, or coerces or physically forces a person
A legal remedy, also judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will.
Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. (compensatory or punitive)
Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer. There are other modifying terms placed in front of the word damages like "liquidated damages," (contractually established damages) and "nominal damages" (where the court awards a nominal amount such as one dollar).
Sexual Harassment is classified as:
1. 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.
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.
3. 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.
SEXUAL ASSAULT is any type of sexual contact or behavior that occurs without the explicit consent of the recipient.