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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-
Republic Act 7877 - Anti-Sexual Harassment Act of 1995 Civil Service Commission Memorandum Circular No. 19 (Series of 1994) Department of Labor & Employment Administrative Order No. 68 (Series of 1992)