The document outlines the Anti-Sexual Harassment Act of 1995, which declares all forms of sexual harassment in employment, education, or training environments unlawful. It defines work-related sexual harassment and notes an employer can be held liable if they fail to take action after learning of harassment. Penalties include fines and imprisonment, and victims can also pursue independent legal action. The prescriptive period for related cases is three years. More recently, the Civil Service Commission expanded the definition of sexual harassment to include inappropriate digital communications.
The document outlines the Anti-Sexual Harassment Act of 1995, which declares all forms of sexual harassment in employment, education, or training environments unlawful. It defines work-related sexual harassment and notes an employer can be held liable if they fail to take action after learning of harassment. Penalties include fines and imprisonment, and victims can also pursue independent legal action. The prescriptive period for related cases is three years. More recently, the Civil Service Commission expanded the definition of sexual harassment to include inappropriate digital communications.
The document outlines the Anti-Sexual Harassment Act of 1995, which declares all forms of sexual harassment in employment, education, or training environments unlawful. It defines work-related sexual harassment and notes an employer can be held liable if they fail to take action after learning of harassment. Penalties include fines and imprisonment, and victims can also pursue independent legal action. The prescriptive period for related cases is three years. More recently, the Civil Service Commission expanded the definition of sexual harassment to include inappropriate digital communications.
The document outlines the Anti-Sexual Harassment Act of 1995, which declares all forms of sexual harassment in employment, education, or training environments unlawful. It defines work-related sexual harassment and notes an employer can be held liable if they fail to take action after learning of harassment. Penalties include fines and imprisonment, and victims can also pursue independent legal action. The prescriptive period for related cases is three years. More recently, the Civil Service Commission expanded the definition of sexual harassment to include inappropriate digital communications.
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ANTI-SEXUAL HARASSMENT ACT OF 1995 REPUBLIC ACT 7877 z
Declaration of Policy –
The State shall value the dignity of every individual,
enhance the development of its 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. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful. z SECTION 3. Work, Education or Training - Related, Sexual Harassment Defined. –
Work, education or training-related sexual harassment is
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 of said Act. z In a work-related or employment environment, sexual harassment is committed when: z SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. –
(a) 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, 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; z (a) In a work-related or employment environment, sexual harassment is committed when :
(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. z (b) 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 consideration; or z (b) In an education or training environment, sexual harassment is committed:
(4) When the sexual advances result in an intimidating,
hostile or offensive environment for the student, trainee or apprentice.
Any person who directs or induces another to commit
any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act. z SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. 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 acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:
(a) Promulgate appropriate rules and regulations in consultation with and
joint1y approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper
courts for unlawful acts of sexual harassment. z SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment.
The said rules and regulations issued pursuant to this subsection
(a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.
(b) 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, trainors, 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. z SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. 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.
In the case of the educational or training institution, the
committee shall be composed of at least one (1) representative from the administration, the trainors, instructors, professors or coaches and students or trainees, as the case may be.
The employer or head of office, educational or training institution
shall disseminate or post a copy of this Act for the information of all concerned. z SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. –
The employer or head of office, educational or training
institution shall be SOLIDARY 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. z SECTION 6. Independent Action for Damages. –
Nothing in this Act shall preclude the victim of
work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief. z SECTION 7. Penalties.
Any person who violates the provisions of this Act shall,
upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court. z PRESCRIPTIVE PERIOD
Any action arising from the violation of the
provisions of this Act shall prescribe in three (3) years. z CIVIL SERVICE COMMISSION RESOLUTION NO. 2100064
EFFECTIVITY: 1 JUNE 2021
GOVERNMENT officials and personnel who send
inappropriate text messages and email, which are sexual in nature, to their colleagues could now face administrative sanctions.
The Civil Service Commission (CSC) expanded the forms of
sexual harassment to include those which are digitally done in line with the Safe Spaces Act. z