Professional Documents
Culture Documents
ANTI-SEXUAL HARASSMENT
ACT OF 1995
Under Section 3
In work-related or in employment environment
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."
What is
sexual
harassment
And
Who
commits it
What is
sexual
harassmen
t
And
Who
commits it
Under Section 3
In education or training environment
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
Other forms:
The Womens Development Code of Davao City, which Duterte
himself signed as mayor, aims to protect the rights of women by
punishing those who committ sexual harassment, among other
things.
Under Section 3 of the ordinance, "unwelcome sexual advances,
requests for sexual favors, or other verbal or physical behavior
of a sexual nature, made directly, indirectly or impliedly" can be
considered sexual harassment.
The following are considered forms of sexual harassment:
Other forms:
Where
may it
happen?
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
Forms of Sexual
Harassment(summary)
Also:
Use of Objects, Pictures/Graphics, Letters or
Written Notes with Sexual Underpinnings
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
victims body;
b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or
innuendoes directed toward the members of
one sex or ones 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 persons
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 persons sex life;
f. unwelcome sexual flirtation, advances, propositions;
CLASSIFICATION OF ACTS OF
SEXUAL HARASSMENT
Penalty
Composition of Committee
under section 4
In the case of a work-related environment, the committee
shall be composed of at least one (1) representative each
from the management, the union, if any, the employees from
the supervisory rank, and from the rank and file employees.
Philippine Commission on
Women
The PCW provides a rationale for expanding the RA 7877
The Anti-SH Act of 1995 has been considered a landmark
legislation as it finally gave a name and legal recognition
to such unwelcome sexual advances. The law defines
Sexual Harassment as committed by an employer,
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.
Continuation
However, the definition of sexual harassment in
RA7877 is limiting. It does not specifically address the
issue of "hostile environment" (resulting from) sexual
harassment between peers or co-employees.5 Under
the law, sexual harassment presupposes the existence
of authority, influence or moral ascendancy between
the offender and the offended party. But in many
instances, both the offender and the offended party are
peers or have the same rank or status, while in some
cases, the offended party happens to be the superior
officer. These circumstances could not be considered as
sexual harassment within the context of R.A. 7877.
Continuation
Effects of sexual
harassment
Effects of sexual
harassment
The consequences to working women as a group are no less
serious. Sexual harassment has a cumulative, demoralizing effect
that discourages women from asserting themselves within the
workplace, while among men it reinforces stereotypes of women
employees as sex objects. Severe or pervasive sexual harassment
in certain types of businesses creates a hostile or intimidating
environment that causes women to leave their jobs and look
elsewhere for work or discourages them from seeking those jobs in
the first place.
The effect on the morale of all employees can also be serious. Both
men and women in a workplace can find their work disrupted by
sexual harassment even if they are not directly involved. Sexual
harassment can have a demoralizing effect on everyone within
range of it, and it often negatively impacts company productivity
on the whole.