Malcolm Rivera
Sexual harassment in the workplace is a significant concern in the Philippines, and it is critical for both employees and employers to understand the laws surrounding it. The issue is governed by Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, which defines sexual harassment as any unwelcome sexual advance, request for sexual favors, or any act of a sexual nature, made verbally, physically, or otherwise. This law focuses on situations where a person in a position of authority abuses their power to obtain sexual favors from a subordinate or employee, with the core of the offence being the abuse of power rather than the violation of the victim's sexuality.
| Characteristics | Values |
|---|---|
| Legal Framework | Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, along with subsequent amendments under the Safe Spaces Act (RA 11313), passed in 2019 |
| Definition of Sexual Harassment | Any unwelcome sexual advance, request for sexual favors, or any act of a sexual nature, made verbally, physically, or in any other form |
| Who Can Commit Sexual Harassment? | Employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any person with authority, influence, or moral ascendancy |
| Who Can Be a Victim of Sexual Harassment? | Anyone, regardless of gender or position |
| What Constitutes Sexual Harassment? | Abuse of power or authority, creating an intimidating, hostile, or offensive environment, affecting an individual's employment or performance, explicit or implicit demands for sexual favors |
| Employer's Responsibility | Establish policies to prevent sexual harassment, develop and communicate anti-sexual harassment policies, form a Committee on Decorum and Investigation (CODI) to handle complaints and conduct investigations, provide education and training to employees about their rights and the complaint process |
| Penalties for Sexual Harassment | Imprisonment of 1-6 months, a fine of 10,000-20,000 Philippine pesos, or both at the court's discretion |
| Independent Action | The offended party may take independent legal action and seek damages incurred due to sexual harassment |
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What You'll Learn
Abuse of power by a superior over a subordinate
In the Philippines, sexual harassment in the workplace is governed by Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, along with subsequent amendments under the Safe Spaces Act (RA 11313), passed in 2019. The Safe Spaces Act expanded the reach of RA 7877 to cover harassment between peers and in spaces outside of work, making it easier for victims to report incidents of a sexual nature.
For example, in the case of Escandor vs People of the Philippines, Escandor was not Gamallo's immediate superior, but he had authority over her at their workplace. His actions, such as asking her out on dates and sending unsolicited text messages alluding to sex, amounted to sexual harassment as they fulfilled the requirements of abuse of authority and a request for sexual favors.
The Anti-Sexual Harassment Act of 1995 specifically addresses the abuse of authority, influence, or moral ascendancy to enable the sexual harassment of a subordinate. This law aims to protect individuals from harassment in all forms and establish guidelines for workplaces, educational institutions, and public spaces. It defines sexual harassment as any unwelcome sexual advance, request for sexual favors, or any act of a sexual nature, made verbally, physically, or in any other form. Such acts are considered harassment when they affect an individual's employment or performance or create a hostile or intimidating environment.
Individuals who experience or witness sexual harassment in the workplace can file a formal complaint with the Committee on Decorum and Investigation (CODI), which is responsible for handling complaints, conducting investigations, and recommending actions. Employers are legally accountable to maintain an inclusive workplace where employees feel safe and respected, and failure to comply can result in legal repercussions, including fines and sanctions.
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Unwelcome sexual advances
In the Philippines, sexual harassment in the workplace is defined by the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877). This legislation specifically addresses "unwelcome sexual advances", which are defined as:
> "Requests for sexual favors and other verbal or physical conduct of a sexual nature when: (a) submission to such conduct is made a term or condition, explicitly or implicitly, in the hiring or retention of an employee; or (b) submission to or rejection of such conduct is used as a basis for employment decisions affecting an employee; or (c) such conduct has the purpose or effect of interfering with an employee's work performance or creating an intimidating, hostile or offensive work environment."
This definition encompasses a range of behaviors, including not just explicit demands for sexual favors, but also subtler forms of harassment that create a hostile or offensive environment. For example,
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Requests for sexual favors
Sexual harassment in the workplace is a notable concern in the Philippines, and understanding the laws surrounding it is crucial for both employees and employers. The primary legislation addressing this issue is Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, with subsequent amendments under the Safe Spaces Act (RA 11313) passed in 2019.
Under RA 7877, sexual harassment is defined as any unwelcome sexual advance, request for sexual favors, or any act of a sexual nature, whether verbal, physical, or otherwise. Specifically, regarding requests for sexual favors, the Act states that sexual harassment is committed when:
- An employer, employee, manager, supervisor, or any person with authority, influence, or moral ascendancy over another in a work environment demands, requests, or requires any sexual favor from the other person.
- The request for a sexual favor is made as a condition for hiring, employment, re-employment, promotion, or any other employment-related benefit. Refusal to grant the sexual favor results in discrimination, deprivation of opportunities, or adverse treatment for the employee.
- The request creates an intimidating, hostile, or offensive environment for the employee.
It is important to note that the request for a sexual favor constitutes harassment, regardless of whether the request is accepted or rejected by the targeted individual. Additionally, the employer or head of the office is legally accountable to maintain a safe and respectful workplace and prevent sexual harassment. They are required to establish policies, procedures, and sanctions to address and resolve such issues, including the formation of a Committee on Decorum and Investigation (CODI) to handle complaints and conduct investigations.
If an employee experiences or witnesses sexual harassment in the form of requests for sexual favors, they can file a formal complaint with the CODI or directly with the Department of Labor and Employment (DOLE). The complaint should include details such as the nature, date, and specifics of the incident. The CODI will then conduct an investigation and recommend disciplinary actions, which can include warnings, suspensions, or termination, depending on the severity of the offense.
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Acts of a sexual nature
In the Philippines, sexual harassment in the workplace is governed by Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995. This Act defines sexual harassment as any unwelcome sexual advance, request for sexual favors, or act of a sexual nature, whether verbal, physical, or otherwise.
- Unwanted advances, comments, or jokes of a sexual nature. This can include explicit or implicit demands or requests for sexual favours. For example, in one case, the Supreme Court ruled that an offender's act of touching a student's breast was sufficient to constitute sexual harassment, even without an explicit demand or request.
- Sending sexually explicit messages or images through digital means.
- Persistent and unwanted gestures or attention in public places, at work, or even online.
- Physical actions such as groping or touching in a sexual manner.
In an educational or training environment, sexual harassment can also include when:
- The victim is under the care, custody, or supervision of the offender.
- The victim's education, training, apprenticeship, or tutorship is entrusted to the offender.
- A sexual favour is made a condition for a passing grade, granting of honours or scholarships, or the payment of benefits.
- Sexual advances result in an intimidating, hostile, or offensive environment for the student, trainee, or apprentice.
It is important to note that the essence of sexual harassment is the abuse of power by the offender, not the violation of the offended party's sexuality. This abuse of power occurs when a superior uses their position to obtain sexual favours from a subordinate, creating an intimidating or hostile environment.
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Hostile or intimidating environment
In the Philippines, sexual harassment in the workplace is governed by Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, along with subsequent amendments under the Safe Spaces Act (RA 11313), passed in 2019.
Under RA 7877, sexual harassment in a work-related or employment environment is committed by an employer, employee, manager, supervisor, or any person who, having authority, influence, or moral ascendancy over another, demands, requests, or requires any sexual favour from the other person. This can include situations where the demand, request, or requirement for a sexual favour is not explicitly stated but is implied through actions or gestures.
The essence of sexual harassment in the workplace is the abuse of power by the offender, not the violation of the offended party's sexuality. This abuse of power occurs when a superior uses their position to obtain sexual favours from a subordinate, creating an intimidating, hostile, or offensive environment for the employee.
In the case of Philippine Airlines, Inc. v. Yañez, the Court emphasised that it is not necessary for there to be an explicit "demand, request, or requirement of a sexual favour" for an act to qualify as sexual harassment. Instead, it is sufficient that the offender's actions created an intimidating, hostile, or offensive environment for the employee.
The Safe Spaces Act expanded the reach of RA 7877 to cover harassment between peers and in spaces outside of work, including unwanted advances, comments, or jokes of a sexual nature, as well as the sending of sexually explicit messages or images through digital means.
Employers are legally accountable to maintain a safe and inclusive workplace where employees feel respected and are protected from sexual harassment. They are required to establish policies and procedures to prevent sexual harassment, such as developing and communicating anti-sexual harassment policies, forming committees to handle complaints and investigations, and conducting orientations and training for employees. Failure to comply with these requirements can result in legal repercussions, including fines and sanctions from the Department of Labor and Employment (DOLE).
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Frequently asked questions
Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, along with subsequent amendments under the Safe Spaces Act (RA 11313), passed in 2019.
Sexual harassment in the workplace is defined as any unwelcome sexual advance, request for sexual favors, or any act of a sexual nature, made verbally, physically, or otherwise.
The offender can be an employer, employee, manager, supervisor, agent of the employer, or any person who has authority, influence, or moral ascendancy over another in a work environment.
Penalties include imprisonment of at least one month to six months, a fine of 10,000 to 20,000 Philippine pesos, or both. Employers who fail to comply with requirements to maintain a safe workplace can face fines and sanctions from the Department of Labor and Employment (DOLE).
You can file a formal complaint with the Committee on Decorum and Investigation (CODI), which will investigate the complaint and recommend disciplinary actions. You can also seek legal guidance from a law firm specializing in this area.
