This document summarizes Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995. It defines sexual harassment as unwanted sexual attention or conduct, and establishes that it is unlawful in employment, education, and training environments. There are two types of sexual harassment: quid pro quo, where sexual favors are demanded in exchange for benefits, and creating a hostile environment through verbal or physical acts. Employers, heads of offices, and educational/training institutions are liable if they are aware of harassment but do not take immediate action. Those found guilty can face imprisonment, fines, or civil damages. Complaints must be filed within 3 years. Workplaces and schools must establish Committees on Decorum and
1. Republic Act No. 7877
“An Act Declaring Sexual Harassment
Unlawful in the Employment, Education
Or Training Environment, and for
Other Purposes”
Anti Sexual Harassment Act of 1995
1
2. SEXUAL HARASSMENT
2
is any unwanted sexual attention or
conduct directed at a person. This can
be verbal or physical and can range from
sexist remark to sexual assault. The
harasser’s intention is irrelevant, the
victim’s perception of the situation as
wanted or unwanted determines whether
or not is sexual harassment.”
-Women’s Health & the Law
3. The Anti-Sexual harassment
Act of 1995
Penalizes sexual harassment occurring in:
the workplace
school and
training environment
3
4. Two basic types:
Quid pro quo (Something for something)
-the demand of sexual favors in
exchange for educational or
economic benefits
hostile or offensive environment
-verbal acts
-non-verbal acts
4
5. ELEMENTS (Section 3):
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 person
5
6. Sexual favor is made as a condition in:
- the hiring, re-employment or
continued employment, granting of
favorable compensation, terms,
conditions, promotions or
privileges or
- that the refusal to grant the
sexual favor results in limiting,
classifying employee which in any
way would discriminate, deprive or
diminish employment opportunities
6
Sec. 3(a) Work-related
7. Sec 3(b) - School or training
against one who is under the care,
custody or supervision of the
offender
against one whose education,
training apprenticeship or
tutorship is entrusted to the
offender
7
8. School or training
When the sexual favor is made as a
condition to:
- giving of a grade
- the granting of honors or
scholarships
- the payment of a stipend, allowance
or other benefits, privileges and
considerations
8
9. School or training
when the sexual advances result in an
intimidating, hostile or offensive
environment for the student, trainee
or apprentice in an education/training
related environment
9
10. WHO IS LIABLE?
In a work env’t:
Employer, employee,
manager, supervisor,
agent of the
employer
In an education
or training-
related env’t:
Teacher, instructor,
professor, coach,
trainor
Or any other person having
authority
influence or
moral ascendancy
over another in a work,
training or education
environment
Any person who directs or
induces another to commit
any act of SH
Any person who cooperates
in the commission of SH by
another w/o which it would
have not been committed 10
11. Employer / Head of Office:
To promulgate rules and regulations /
guidelines for proper decorum
in consultation with and jointly
approved by the employees or
students
to create a Committee on Decorum
and Investigation (CODI) to handle
cases of sexual harassment
11
12. Committe on Decorum & Investigation
(CODI)
12
To increase understanding of SH
To prevent incident of SH
To conduct investigation of SH cases
13. Composition of CODI (Section 4b)
13
In a work – related env’t, at least 1 representative
from the:
- Management
- Union
-Employees from the supervisory rank
- Rank and file employees
In an education or training env’t, at least 1 rep.
from the:
- Administration
- Trainors, teachers, instructors, professors
or coaches
14. Procedure:
1. Counseling (get the facts)
2. Obtaining professional help
3. Offering Options Available
a. First Option - To File Case
- Administrative
- Criminal Case
- Civil
b. Second Option - Not to File Case
14
15. 15
LIABILITY OF EMPLOYER, HEAD OF
OFFICE, EDUCATIONAL OR TRAINING
INSTITUTION (Section 5)
SOLIDARILY LIABLE if:
- they are informed of such acts by the
offended party
- No immediate action is taken
16. PENALTY:
1. Imprisonment
(1 month to 6 mos.)
2. Fine -PhP 10,000
to PhP20,000.00
3. Or BOTH
INDEPENDENT
CIVIL ACTION
(Damages)
PRESCRIPTIVE
PERIOD:
- 3 years
ADMINISTRATIVE
ACTION:
Civil Service
Commission
16
17. SALAMAT PO!
17
Atty. Grace R. Marcos
Attorney IV
Commission on Human Rights
Region 2
Tuguegarao City, Cagayan