7. 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.
9. Physical:
- Malicious Touching/Acts of
Lasciviousness/Lewdness
- Overt Sexual Advances
- Gestures with Lewd Insinuation
Verbal:
- Requests or Demands for Sexual Favors
- Lurid Remarks
Use of Objects, Pictures/Graphics, Letters or
Written Notes with Sexual Underpinnings:
10.
11. 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
13. To guarantee that the learning and
working environment is free from any
sexual harassment and is conducive
for a harmonious and productive work
and study.
In attaining this purpose the law
seeks to value the dignity of
individuals and protect the human
resources of the country by
guaranteeing full respect for the
human rights of the people
17. • Employer or Head
• Employee who belongs to a
higher level
• Manager/Supervisor
• Agent of the Employer
18. • 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
19. • Elementary or High School Teacher
• College or University Professor
• College or University Instructor
• Coach/Trainer
23. 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:
24. 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):
25. 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:
26. 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):
28. You come out and
complain,
You report or escalate the act of
sexual harassment to your
immediate supervisor,
Your immediate supervisor
conducts his own investigation to
confirm the facts and details of
your allegation and to coordinate
with the alleged offender’s boss
first,
Once confirmed, the
alleged offender’s
boss consults and
coordinates with HR,
HR follows the discipline
management process;
part of which is its own
investigation procedures,
A closure memo is served if
the alleged offender is not
found guilty or the
prescribed sanctions are
enforced if otherwise.
30. 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.
31. 1. Promulgate appropriate rules and regulations
in consultation with and jointly approved by
the employees or students or trainees,
through their duly designated
representatives.
In order to attain such ends, your
employer or head shall:
32. • 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
These appropriate rules and regulations
may include but not limited to:
33. 2. Prescribe the procedure for the
investigation of sexual harassment
cases and the administrative
sanctions therefore.
• Discipline Management Process
• Grievance Procedures
In order to attain such ends, your
employer or head shall (continued):
34. 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.
In order to attain such ends, your
employer or head shall (continued):
35. 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.
In order to attain such ends, your
employer or head shall (continued):
37. 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.
39. • 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:
40. 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.
.
41. 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.
42. 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;
43. 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.
44. 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:
48. “A VICTIM REMAINS
AS SUCH ONLY UNTIL
SHE LETS JUSTICE BE
SERVED BUT BECOMES
AN ETERNAL FOOL IF
SHE DENIES HERSELF
OF IT.”
Notas do Editor
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.
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.
Go to your HR person in your immediate supervisor’s absence or if he is the person in question.
