Guide: Anti-Sexual Harassment Act

Summary

▪ Sexual harassment may be committed in a work-related/employment environment or in an education/training environment.

▪ The offender may be one who has authority, influence or moral ascendancy over another.

▪ The offense is committed when there is a demand, request, or requirement for sexual favor from another, regardless of whether such is accepted or not.

▪ The law requires employers or heads of office to perform certain duties at the pain of being solidarily liable with the offender.

▪ The Decorum and Investigation Committee is the one tasked to investigate and resolve sexual harassment cases.

Any action for sexual harassment prescribes in three (3) years.

1. Concept

Work, education or training-related sexual harassment is committed by an offender 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 R.A. 7877. (Section 3, R.A. 7877)

“Sexual harassment is an imposition of misplaced ‘superiority’ which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life.” (Domingo v. Rayala, G.R. No. 155831, 18 February 2008)

2. The offender

a. Direct offender

The direct offender may be an employer, employee, manager, supervisor, agent ...

 



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