sexual harassment (ra 7877)

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  1. 1. SEXUAL HARASSMENT Republic Act No. 7877 Anti-Sexual Harassment Act of 1995 Philippine Law Framework JDP CONSULTING 2015, Atty. Jericho B. del Puerto. All rights reserved. For permissions to use this material, send a request to this e-mail address: info@jdpconsulting.ph WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  2. 2. SEXUAL HARASSMENT IS AN UNWELCOMED BEHAVIOR IN THE WORKPLACE OR SCHOOL. - Atty. Jericho B. Del Puerto Business Lawyer & Legal Consultant JDP Consulting Ltd. Co. Business Law Professor San Beda Graduate School of Business Book Author, Legal Aspects of Business Central Books Publishing For more info: www.legalaspects.ph Business Laws & Best Legal Practices JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  3. 3. CONCEPT OF SEXUAL HARASSMENT Part 1 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  4. 4. WHAT IS SEXUAL HARASSMENT? Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, 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. Sec. 3, R.A. 7877 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  5. 5. WHAT IS SEXUAL HARASSMENT? Sexual harassment refers to behavior that is not welcome, that is personally offensive, debilitates morale and, therefore, interferes with work effectiveness. Such behavior may be in the form of unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexually oriented conduct which is offensive or objectionable to the recipient, including, but not limited to: epithets, derogatory or suggestive comments, slurs or gestures and offensive posters, cartoons, pictures, or drawings. JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices DOLE Prescribed Workplace Policy on Sexual Harassment
  6. 6. WHAT IS SEXUAL HARASSMENT? Sexual harassment is an imposition of misplaced superiority which is enough to dampen an employees spirit and her capacity for advancement. It affects her sense of judgment; it changes her life. JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices Domingo v. Rayala, G.R. No. 155831, 155840, 158700, 18 February 2008
  7. 7. WHERE IS SEXUAL HARASSMENT COMMITTED? Workplace or Employment (1) In or outside the office building or training site; (2) At the office or training-related social functions; (3) In the course of work assignments outside the office; (4) At work-related conferences, studies or training sessions; or (5) During work related travel. Education/Training Environment In or outside the educational or training environment DOLE Prescribed Workplace Policy on Sexual Harassment JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  8. 8. WORK-RELATED/EMPLOYMENT (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, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above act would impair the employees rights or privileges under existing labor laws; and (3) The above act would result in an intimidating, hostile, or offensive environment for the employee. Sec. 3, R.A. 7877 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  9. 9. EDUCATION/TRAINING The sexual favor is committed: (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; and (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors or scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations. Sec. 3, R.A. 7877 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  10. 10. NOT SEXUAL HARASSMENT In the workplace, sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, that debilitates morale, and that, therefore, interferes with work effectiveness. DOLE Prescribed Workplace Policy on Sexual Harassment JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  11. 11. INDUCER IS LIABLE Any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the commission thereof by another without which it would not have been committed will also be held liable. Sec. 3, R.A. 7877 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  12. 12. DUTY OF EMPLOYER / SCHOOLHEAD 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 act of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. They are mandated to specifically do the following: (1) Promulgate rules and regulations against sexual harassment This should be in consultation with and jointly approved by the employees, or students or trainees, through their duly authorized representatives, prescribing the procedures for the investigation of sexual harassment cases and the administrative sanctions therefor. Sec. 4, R.A. 7877 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  13. 13. DUTY OF EMPLOYER / SCHOOLHEAD (2) Create a Committee on Decorum and Investigation of cases on sexual harassment. They shall conduct meetings to increase awareness and prevent incidents of sexual harassment. They are responsible for conducting the investigation. In the workplace, the committee should be composed of at least one representative from the management, the union (if applicable), the supervisory employees, and rank-and-file employees. In an education setting, the committee shall be composed of at least one representative from the administration, trainors, teachers, instructors, professors, or coaches and students or trainees, as the case may be. Sec. 4, R.A. 7877 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  14. 14. PROCEDURES ON SEXUAL HARASSMENT Part 2 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  15. 15. COMPLAINT PROCEDURE IN THE WORKPLACE Any officer or employee, who experiences or witnesses any act of sexual harassment in the workplace, shall report the same immediately to the Committee on Decorum and Investigation, which shall come up with its own rules and regulations on how to handle the complaint. They may likewise report acts of sexual harassment to any other member of the management or ownership. All investigations shall be quickly investigated. To the extent possible, the identity of the officer or employee shall remain confidential and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure. When the investigation is completed, all parties will be informed of the outcome of the investigation. DOLE Prescribed Workplace Policy on Sexual Harassment JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  16. 16. COMPLAINT PROCEDURE IN THE WORKPLACE CHED has required Higher Education Institutions (HEIS) to create a Committee on Decorum and Investigation, which shall come up with its own rules and regulations on how to handle complaints of sexual harassment. They may likewise report acts of sexual harassment to any other member of the management or ownership. School administration shall immediately take action. All HEIs are required to submit to the list of students, faculty and staff charged with alleged acts of sexual misconduct, as well as those held liable. All HEIs are mandated to conduct background investigation of applicants to vacant faculty or staff positions to determine if they are morally fit for the position. CHED Memorandum Order (CMO) No. 26, S. 2003. JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  17. 17. LIABILITIES AND PENALTIES Part 3 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  18. 18. LIABILITIES/PENALTIES Solidary liability The employer or head of office, education training institution shall be solidarily liable for damage 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 thereon. Penalties: (1) Imprisonment: 1 month to 6 months; and/or (2) Fine: P10,000.00 to P20,000.00. Prescription of Action: 3 years to file a case Secs. 5 & 7, R.A. 7877 JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  19. 19. FREQUENTLY ASKED QUESTIONS On Sexual Harassment Cases JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
  20. 20. FAQS SEXUAL HARASSMENT (1) Must the demand/request/requirement be expressly articulated by the offender? No, such may be discerned from the acts of the offender. To be clear, the offender does not have to explicitly make a demand/request. (2

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