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RA 7877 Anti-Sexual Harassment ACT OF 1995

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RA 7877

ANTI-SEXUAL
HARASSMENT
ACT OF 1995
SECTION 2. Declaration of Policy

The state shall value the dignity of ever y


individual, enhance the development of its
human resources, guarantee full respect for
human rights, and uphold the dignity of
workers, employees, applicants for
employment, students or those undergoing
training, instruction or education. Towards
this end, all forms of sexual harassment in the
employment, education or training
environment are hereby declared unlawful
WORK RELATED SEXUAL
HARASSMENT
This is committed when a person
demands, requests, or requires
sexual favors from another person in
exchange for another thing such as
hiring for employment, re-
employment, or continued
employment, granting favorable
compensation, terms of conditions,
promotions, or privileges.
Refusal to accept sexual favors would
mean discrimination or deprivation of
employment opportunities.
It is also sexual harassment if the sexual
favors would result to abuse of rights
under the labor law and an environment
that is intimidating, hostile, or offensive for
the victim.
WHO COMMITS

This may be committed by an "employer,


employee, manager, supervisor, agent of
the employer, any other person who,
having authority, influence or moral
ascendancy over another in a work
environment, demands, requests or
otherwise requires any sexual favor
from the other."
EDUCATION/TRAINING
RELATED SEXUAL
HARASSMENT
This is committed when a person demands,
requests, or requires sexual favors from a
student in exchange for “giving a passing
grade, or the granting of honors and
scholarships, or the payment of a stipend,
allowance or other benefits, privileges and
considerations.”
Just the same, if the sexual favors would result to
an “intimidating, hostile or offensive environment
for the student, trainee, or apprentice,” they are
also considered sexual harassment.
WHO COMMITS

Committed by a "teacher,
instructor, professor, coach, trainor,
or any other person who, having
authority, influence, or moral
ascendancy over another...demands,
requests, or otherwise requires any
sexual favor from the other."
OTHER FORMS:

Under the Civil Service Commission Resolution Number


01-0940, a set of administrative rules for government
employees, forms of sexual harassment include:
• malicious touching
• overt sexual advances
• gestures with lewd insinuation
• requests or demands for sexual favors, and lurid remarks
• use of objects, pictures or graphics, letters or writing
notes with sexual underpinnings
• other forms analogous to the ones mentioned
FORMS OF SEXUAL
HARASSMENT(SUMMARY)

• Physical
• Malicious touching/acts of
lasciviousness/lewdness
• Overt sexual advances
• Gestures with lewd Insinuation
• Verbal
• Requests or demands for sexual favors
• Lurid Remarks
WHERE MAY IT
HAPPEN?
According to the Philippine Statistics Authority, sexual
harassment may happen in the following:

premises of the workplace or office or of the school or


training institution
any place where the parties are found, as a result of work
or education or training responsibilities or relations
work- or education- or training-related social functions
while on official business outside the office or school or
training institution or during work- or school- or training-
related travel
at official conferences, fora, symposia, or training sessions
by telephone, cellular phone, fax machine, or electronic mail
CLASSIFICATION OF ACTS OF
SEXUAL HARASSMENT

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.
CLASSIFICATION OF ACTS OF
SEXUAL HARASSMENT

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.
CLASSIFICATION OF ACTS OF
SEXUAL HARASSMENT

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;
CLASSIFICATION OF ACTS OF
SEXUAL HARASSMENT

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.
PENALTIES FOR OFFENSES OF
SEXUAL HARASSMENT

Grave offenses – Dismissal


Less grave offenses A fine of Php 10,000 –
1st offense - Fine or suspension for Php 20,000
thirty (30) days but not exceeding
six (6) months Imprisonment of 1-6
2nd offense – Dismissal months
Light offenses
1st offense - Reprimand *Both on the discretion
2nd offense - Fine or of the court based on
suspension not exceeding thirty the gravity of the offense
(30) days
3rd offense – Dismissal
SECTION 4. DUTY OF THE EMPLOYER OR
HEAD OF OFFICE IN A WORK-RELATED,
EDUCATION OR TRAINING ENVIRONMENT.

It shall be the duty of the employer or the head


of the work-related, educational or training
environment or institution, to prevent or deter
the commission of acts of sexual harassment
and to provide the procedures for the
resolution, settlement or prosecution of acts of
sexual harassment.
DUTY OF THE EMPLOYER OR THE HEAD OF
THE WORK-RELATED, EDUCATIONAL OR
TRAINING ENVIRONMENT OR
INSTITUTION

• To Promulgate appropriate rules and regulations in


consultation with and jointly approved by the
employees or students or trainees, through their duly
designated representatives, prescribing the procedure
for the investigation of sexual harassment cases and
the administrative sanctions therefor.
• The said rules and regulations issued shall include,
among others, guidelines on proper decorum in the
workplace and educational or training institutions.
DUTY OF THE EMPLOYER OR THE
HEAD OF THE WORK-RELATED,
EDUCATIONAL OR TRAINING
ENVIRONMENT OR INSTITUTION

To Create a committee on decorum and investigation


of cases on sexual harassment. The committee shall
conduct meetings, as the case may be, with officers and
employees, teachers, instructors, professors, coaches,
trainors, 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.

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