Republic Act 7877
The anti Sexual Harassment Act of 1995
RA 7877 addresses the issue of sexual
harassment committed in work and education or
training environment.
It was signed into law on February 14, 1995
under former President Fidel Ramos
Administration.
WHAT IS SEXUAL HARASSMENT?
Under the law, work, education or training
related sexual harassment…
is “committed by an employer, employee,
manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainor,
WHAT IS SEXUAL HARASSMENT?
Under the law, 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 of moral ascendancy over another in work
or training or education environment, demands,
requests or otherwise requires any sexual favor from
others,
regardless of whether the demand, request or
requirement for submission is accepted by he object
of sad Act.”
HOW IS WORK RELATED SEXUAL
HARASSMENT COMMITTED?
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, conditions promotions, or privileges; or
the refusal to grant the sexual favor result in limiting,
segregating or discriminate, deprive or diminish employment
opportunities adversely affect said employee.
The above acts would impair the employee’s rights or
privileges under the existing laws; or
The above acts would result in an intimidating, hostile, or
offensive environment for the employee.
EDUCATION OR TRAINING RELATED
This is committed:
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.
When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarship, or
the payment of a stipend, allowance or other benefits,
privileges, or considerations; or
When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
A person who directs or induces another
person to commit any of sexual
harassment or who cooperates to
commit the act, without which the said
act would not have been committed, will
also be held liable under the law.
Forms of Sexual Harassment
1. Physical
Physical or Malicious Touching;
Overt sexual advances;
Unwelcome, improper or
unnecessary gesture of a sexual
nature; or
Any other suggestive expression
or lewd insinuation
Forms of Sexual Harassment
2) Verbal, such as but not limited to,
requests or demands for sexual favors, and
lurid remarks;
3) Use of objects, pictures or graphics, letters
or written notes with sexual underpinnings and
which create a hostile, offensive or intimidating
work or training environment which is annoying
of disgusting to the victims;
Section 5. "Administrative Disciplinary Rules on Sexual Harassment Cases."
Civil Service Commission
Acts of Sexual Harassment
Sexual assault;
Unwanted touching of private parts of the
body (genitalia, buttocks and breast)
unwanted brushing against a victim’s body;
Requesting for sexual favor in exchange for
employment, promotion, local or foreign
travels, favorable working conditions or
assignments, a passing grade, the granting
scholarship, or the grant of benefits or
payment of a stipend or allowance;
Acts of Sexual Harassment
Derogatory remarks directed toward the members of
one sex, or one’s sexual orientation or used to
describe a person;
Verbal abuse with sexual overtones;
Secretly looking or staring at a person’s private part
or worn undergarments;
Telling sexist/smutty jokes or sending these
through text, electronic mail or other similar means,
causing embarrassment or offense;
Acts of Sexual Harassment
the display of sexually offensive pictures,
materials or graffiti;
unwelcome inquiries or comments about a
person’s sex life, sexual flirtations,
advances, propositions;
making offensive hand or body gestures at
an employee;
Pinching;
unwelcome phone calls with sexual
overtones; and
other analogous cases.
Harassers/Victims
Most harassers are male
Most victims are females
Most harassers hold some form of
institutional power over the victim i.e.
the harasser is the employer, teacher,
coach, supervisor, trainor, peer
Most victims are at the lower end of the
hierarchy – staff, student, trainee,
supervisee
A typical Sexual Harassment
case involves a male employer, male
professor, coach, supervisor, etc.
harassing a female staff, student,
trainee, supervisor, etc.
Sexual Harassment Occurs…
when one person holds power over
another.
In most cases this power is on two
levels:
Institutional/hierarchical power
Gender: male over female
There are other forms of abuse but the gender
dimension usually results in the abuse having a
sexual character
Some Myths
Sexual harassment is rare
It is quite common, affecting 40 to
60% of women in academic
institutions
Some Myths
The seriousness is exaggerated most
cases are merely harmless flirtation
The effects are severe and devastating.
Studies show that harassers are not
merely showing sincere social interest or
nurturing.
Some Myths
Victims make up stories of sexual
harassment to get revenge at
employer/teacher who has dropped them
or called their attention
Studies show that less than 1% of reports
are false. Women rarely report nor do they
file cases.
Some Myths
Women who are harassed provoke it
because of the way they dress or
behave
Women who are harassed vary widely in
their physical appearance, manner of
dress and behavior.
Some Myths
If you ignore the problem, it will
go away.
Commonly harassment is repeated and
persistent. Doing nothing is mistaken
as consent.
TRICKY GROUND
But what if it is consensual?
The law does not make a distinction as to
whether the request is accepted or not.
Passivity does not mean consent.
Certain behaviors considered forgivable once
or twice may become unwelcome if repeated.
Consent can be engineered by the person in
power.
WHAT IF THE EMPLOYER OR HEAD OF
OFFICE DID NOT UNDERTAKE ANY
ACTION DESPITE HER KNOWLEDGE
OR SEXUAL HARASSMENT ACT?
The employer or head of office,
educational or training institution will be held
liable for the damages arising from acts of
sexual harassment if they are informed by
the offended party of the occurrence of
such acts, yet no action has been
undertaken.
CAN AN OFFENDED PARTY SEEK
REDRESS BY TAKING
INDEPENDENT ACTION?
An offended party may take independent
action for damages incurred in the act of
sexual harassment. She/He may file also
avail of relief.
PENALTIES FOR OFFENDERS
Imprisonment of not less than one (1) month nor more than
six (6) months; and or a
Fine of not less than P10k nor more than P20k
Prescription Period:
Any action arising from the violation of the provisions of this Act
shall prescribe in three (3) years .
Any
Question
That’s all
folks…
Thank You
&
Have a Nice day…
