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Anti Sexual Harassment

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REPUBLIC ACT 7877

ANTI SEXUAL HARASSMENT ACT OF 1995

Programs, Policies
& Guidelines
Approved: February 14, 1995
Effectivity: March 5, 1995
Sexual Harassment Defined…
“… is the misuse of power that
involves two people of
perceived unequal authority
and status, in a situation
which has sexual overtone.”
example: Manager and Secretary,
Supervisor and Operator,
Applicant and Recruitment
Clerk
An act or a series of
unwanted, unsolicited
or uninvited acts
demanding,
requesting or
requiring any sexual
favors from another by
a person or any other
individual who
exercised authority
and influence over
another person or
Done in a work-
related or
employment
environment;
education or training
environment.
WHO ARE THE
VICTIMS?
CONDITIONS WHERE SEXUAL
HARASSMENT IS COMMITTED
IN A WORK-RELATED OR EMPLOYMENT
ENVIRONMENT

A. The sexual favor is demanded as a


condition for:
 Hiring or employment ;
 Re-employment ;
 Continued employment of the victim ;
and
 Grant of favorable compensation, terms,
conditions, promotions or privileges.
B. The refusal to grant sexual favors
results in:

 Limiting, segregating or classifying


the employee ; and
 Acts discriminating, depriving or
diminishing.
BASIC ELEMENTS OF
SEXUAL HARASSMENT

UNWANTED
UNINVITED
WITH SEXUAL
CONNOTATION
WHERE SEXUAL HARASSMENT
CAN BE COMMITTED
• In or outside the office building or training site;

• at the office or training related social


functions;

• in the course of work assignments outside the


office;

• at work related conferences, studies or


training sessions; or

• during work related travel


FORMS OF SEXUAL
HARASSMENT
PHYSICAL
VERBAL
NON VERBAL
FORMS OF SEXUAL
HARASSMENT
PHYSICAL
Unnecessary touching,
patting,
pinching, brushing against another
person’s body, assault,
coercing sexual intercourse.
Forms of Physical
Harassment
– includes distasteful
action such as
touching of an
intimate body part,
patting, pinching,
stroking, brushing up
against the body,
hugging, kissing,
fondling and sexual
assault.
FORMS OF SEXUAL
HARASSMENT
NON-VERBAL
Display of pornographic or
sexually suggestive
pictures, objects or written
materials.
Leering
Whistling
Making sexually
suggestive gestures
FORMS OF SEXUAL
HARASSMENT
VERBAL
Unwelcome sexual advances.
Propositions or pressure for sexual activity.
Continued suggestions for social activity
outside the workplace after it has been made
clear that such suggestions are unwelcome.
Offensive flirtations.
Suggestive remarks, innuendoes, or lewd
comments.
LAY-OFF
O R L AY
DOWN?!
?
EFFECTS OF SEXUAL
HARASSMENT
ON THE
ENTERPRISE:
Workplace tension
Labor turnover
Lower productivity
Poor image
Loss of confidence in the
company
Time & effort lost to
resolve issue
Payment of liability
(damage and fines).
EFFECTS OF SEXUAL
HARASSMENT

ON THE VICTIM:
Demoralization
Emotional & physical
stress
Absenteeism
Loss of job
Lower productivity
DUTIES OF EMPLOYER
appropriate
Promulgate
rules and regulations in
consultation with employees,
prescribing the procedures for
the investigation of Sexual
Harassment cases and the
administrative sanctions.
Dissemination or
posting a copy of RA
7877 for all concerned.
DUTIES OF EMPLOYER
Creation of a Committee
on Decorum and
Investigation (CODI)
that will investigate all
cases of Sexual
Harassment.
COMPOSITION OF CODI
At least one (1) representative
each from:
the management ;
union (if there is any) ;
supervisory rank employees ; and
the rank and file employees.
CODI FUNCTIONS
Conduct orientation
meetings/seminars,
with officers and
employees to
increase the level of
awareness,
understanding and to
prevent incidents of
Sexual Harassment.
CODI FUNCTIONS
Participate in the formulation
of company policies and
programs related to the
prevention of Sexual
Harassment.
CODI FUNCTIONS
Receive
complaints,
investigate and
hear sexual
harassment cases;
prepare and submit
reports with
corresponding
recommendations
SOLIDARY LIABILITY

The liability of the


harasser may be
enforced against the
harasser and the
employer or against
any one of them, by a
joint action, or by an
individual action.
Liability of the Employer, Head of Office,
Educational or Training Institution

shall be solidarily liable for damages arising from the acts


of sexual harassment committed in the employment,
education or training environment if the employer or head
of office, educational or training institution is informed
and no
of such acts by the offended party
immediate action is taken thereon.
Civil Remedies
Are used to enforce payment of
damages for injuries sustained
by reason of the Sexual
Harassment committed. Only
the courts have jurisdiction to
grant civil remedies.
An imprisonment of not less
than one (1) month nor more
than six (6) months.
Fine not less than
Php10,000.00 nor more than
Php20,000.00.

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