Laws On Sexual Harrasment
Ever wondered about the laws which exist to protect women – and indeed men – from the reprehensible crime of sexual harassment, whether it be in the workplace or as the result of a romantic/dating relationship?
Let’s discuss them one by one. Under Sec. 3 of Republic Act 7877 or the Anti- Sexual Harassment Act of 1995, sexual harassment may be committed when an employer, manager, supervisor, agent of the employer, 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. Specifically, sexual harassment in a workplace may be committed as follows:
1. The sexual favor is made as a condition:
a. In the hiring or in the employment;
b. Re-employment or continued employment of said individual; or
c. In granting said individual favorable compensation, terms, conditions, promotions or privileges.
2. 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 employees;
3. The above acts would impair the employee’s rights and privileges under existing labor laws; and
4. The above acts would result in an intimidating, hostile, or offensive environment for the employee.
Bear in mind that the aforesaid crime can also be committed by teachers, instructors, professors, coaches, and trainers in an education or training environment:
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; and
4. When the sexual advances result in an intimidating, hostile or offensive environment for the result, trainee or apprentice.
In sum, when a person with moral ascendancy over the other commits the aforesaid acts, he or she can be charged with the said crime.
For regular legal news, follow us on Facebook.
The Law Firm of Mallari Fiel Brillante Ronquillo