Anti-Sexual Harassment Law

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ANTI-SEXUAL
HARASSMENT
ACT OF 1995
REPUBLIC ACT 7877
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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.
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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.
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In a work-related or
employment
environment, sexual
harassment is committed
when:
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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;
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(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.
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(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
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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PRESCRIPTIVE PERIOD

 Any action arising from the violation of the


provisions of this Act shall prescribe in three (3)
years.
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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.
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BUT WAIT!!!
THERE’S MORE
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