Anti-Sexual Harassment

Act of 1995
RA 7877

RA 7877
An Act declaring sexual harassment

unlawful in the employment,

Education or training environment and
other purposes

Declaration of Policy
The State shall value the dignity of every

individual, enhance the development of it

human resources, guarantee full respect for
human rights, and uphold the dignity of
workers, employees, applicants for
employment, students or those undergoing
training, instruction or education.
All forms of sexual harassment in the

employment, education or training

environment are hereby declared unlawful.

Photo from eyeswiredopen.blogspot.com

Photo from Pendlebury Workplace Law

Photo from http://www.news.com.au

Do you think women are the

only ones being sexually
harassed?

Image is from www.sodahead.com

Work, Education or Training-related

Sexual Harassment Defined
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.

In a work-related or employment environment, sexual

harassment is committed when:

1) The sexual favor is made as a condition in the
hiring or in the employment, reemployment or
continued employment of said individual, or in
granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in a
way would discriminate, deprive or diminish
employment opportunities or otherwise adversely
affect said employee;
2) The above acts would impair the employees
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, sexual

harassment 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;
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
considerations; or
4) When the sexual advances result in an
intimidating, hostile or offensiveenvironment for
the student, trainee or apprentice.

Classification of Acts of
Sexual Harassment
Section 53. Sexual harassment is
classified as GRAVE, LESS
GRAVE and LIGHT offense

A. Grave Offenses shall include

but are not limited to:
Unwanted touching of private

parts of the body (genitalia,

buttocks and breast);
Sexual assault;
Malicious touching;

A. Grave Offenses shall include

but are not limited to:
Requesting for sexual favor in exchange

for employment, promotion, local or

foreign travels, favorable working
conditions or assignments, a passing
grade, a granting of honors or
scholarship, or the grant of benefits or
payment of a stipend or allowance, and
Other analogous cases.

B. Less Grave Offenses shall

include but are not limited to:
Unwanted touching or brushing against

victims body;
Pinching not falling under grave offenses
Derogatory or degrading remarks or

innuendoes directed toward the member

of one sex or ones sexual orientation or
used to describe a person;

B. Less Grave Offenses shall

include but are not limited to:
Verbal abuse or threats with sexual

overtones; and
Other analogous cases.

Light Offenses
Surreptitiously looking or stealing look

at a persons private parts or worn

undergarment;
Telling sexist/smutty jokes or sending

there 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 and
embarrassing or even without such
advise, when they are by nature clearly

Light Offenses

Malicious leering or ogling;

The display of sexually offensive

pictures, materials or graffiti;

Unwelcome inquiries or comment

about a persons sex life;

Unwelcome sexual flirtation,

advances, proposition;

Light Offenses

Making offensive hand or body

gestures at an employee;

Persistent unwanted attention with

sexual overtones;

Unwelcome phone calls with sexual

overtones causing discomfort,
embarrassment, offense or insult to
the receiver; and

Other analogous cases.

Administrative Liabilities

Section 54
The head of office who fails to act

within (15) days from receipt of any

complaint for sexual harassment
properly filed against any
employee in that office shall be
charged with Neglect of Duty.

Section 55
Any person who is found guilty of

sexual harassment shall, after

investigation, be meted the penalty
corresponding to the gravity and
seriousness of the offenses.

Section 56
PENALTIES:
For light offenses:

2nd offense fine or suspension

not exceeding 30 days
3rd offense dismissal
For grave offenses:

- Dismissal

Section 57
If the respondent is found guilty of
two or more charges or counts, the
penalty to be imposed should be
that corresponding to the most
serious charge or count and the
rest shall be considered as
aggravating circumstances.

If You are a Victim of Sexual

Harassment

Council for the Restoration of Filipino Value

If you are a Victim of Sexual

Harassment
Recognize sexual harassment when it

happens. Understand that it is not

your fault and that it neither "comes
with the job" nor is "part of the
educational process."

Don't ignore the offensive behavior.

The behavior probably will not change

if you ignore it without taking further
action.

If you are a Victim of Sexual

Harassment
One option is to talk to the

harasser. Tell him/her that you find

the behavior offensive.
Put your objections to the sexual

harassment in writing, send a letter

to the harasser, and keep a copy in
your file.

If you are a Victim of Sexual

Harassment
Document all sexual harassment

incidents or conversations about

the incidents. Record the date,
time, place, people involved, and
who said what to whom. Consider
keeping two sets of your
documentation for your files.

If you are a Victim of Sexual

Harassment
Don't encourage harassers by

smiling, laughing at their jokes, or

"flirting back.
This type of response can lead a
harasser to mistakenly think you
enjoy this type of attention.

Council for the Restoration of Filipino Value