Sexual Harassment in the

Workplace

By:
Rose Anne E. Ebite
Legal Management
 WHAT IS SEXUAL HARASSMENT?
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).

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.
WHAT ARE THE FORMS SEXUAL
HARASSMENT?
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:
 Who are Covered by this Act?
 Workers or Employees
 Applicants or Candidates for Employment
 Students
 Those Undergoing Training, Institution, or Education
(Trainees)

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
Who are Punishable by or Held Liable in this Act? (cont.)

 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
 Elementary or High School Teacher
 College or University Professor
 College or University Instructor
 Coach/Trainer
Where is this Applicable?
 Workplace
 School
 Any other Place of Training, Institution, or Education

WHEN IS SEXUAL HARASSMENT COMMITTED?

In a work-related or employment environment:
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 (cont.):
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 an education or training environment
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;
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.
WHAT PROCEDURES DO YOU FOLLOW
ONCE HARASSED?
YOUR EMPLOYER OR HEAD’S DUTIES OR INVOLVEMENT
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.
In order to attain such ends, your employer 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.
These appropriate rules and regulations may include but not limited 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
In order to attain such ends, your employer or head shall
(cont.):
2. Prescribe the procedure for the investigation of sexual harassment cases
and the administrative sanctions therefor.
• Discipline Management Process
• Grievance Procedures
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.
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.
Financial Damages:
- Monetary Settlement
Emotional/Mental/Psychological Damages
- Counseling
- Referral to an Agency Offering Professional Help
- Any other Advice or Option Available

CAN THE VICTIM PURSUE INDEPENDENT

ACTIONS FOR THE DAMAGES?
ANSWER: YES.
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.
WHAT ARE THE PENALTIES FOR THE
VIOLATION OF THIS ACT’S PROVISION?
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
Generic Sanctions/Disciplinary Actions
in Companies:
 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
THE BEST THINGS TO DO WHEN DONE
AN ACT OF SEXUAL HARASSMENT
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.
Reference: https://www.slideshare.net/MyronStaAna/sexual-harassment-in-the-workplace