Anti-Sexual Harassment Act of 1995

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RA 7877

ANTI-SEXUAL
HARASSMENT ACT OF
1995

BY: ATTY. AISA LIDASAN PENDINATAR


DECLARATION OF POLICY
The State values the dignity of every
individual, enhances the development of its
human resources, guarantees full respect for
human rights, and upholds 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 declared unlawful. (Section 2)
How is sexual harassment defined
in RA 7877?
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. (Section 3)
How is sexual harassment committed in a work-
related or employment environment?
Sexual harassment is committed in this situation
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;
[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.
How is sexual harassment committed in an
education or training environment?

Sexual harassment, in this kind of environment 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
[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 RA 7877.
What is the 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.
Administrative sanctions shall not be a bar
to prosecution in the proper courts for
unlawful acts of sexual harassment.
What are the penalties provided
for under RA 7877?
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.
-END-

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