Sexual Harassment (R.A. 7877)
What’s the difference between “Good morning, sir” and “Sir, morning na”? Well, the latter may mean lots of things, one of which is sexual harassment. I know there are hotter issues of these days, but in the meantime, let’s shift and set our hands on sexual harassment (pun intended). Republic Act 7877, also known as the “Anti-Sexual Harassment Act of 1995″, covers only the superiors in a work, education or training-related environment.
(a) In a work-related or employment environment, sexual harassment is committed 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, 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.
(b) In an education or training environment, sexual harassment 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 considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
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 the act. The crime of sexual harassment is punishable by imprisonment of not less than 1 month nor more than 6 months, and/or a fine of not less than P10,000.00 nor more than P20,000.00.