Sexual Harassment is an act of sexual discrimination. It is also defined as unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.
RA 7877 or the “Anti-Sexual Harassment Act of 1995" is created to build protection to all citizens from sexual molestation. It aims to protect more particularly the women from sexual discrimination and molestation that are rampant in schools and office settings.
Sexual Harassment in Employment is committed when…
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 of 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;
The above acts would impair the employee's rights or privileges under existing labor laws; or
The above acts would result in an intimidating, hostile, or offensive environment for the employee.
Each employer or Company should provide rules or assistance to all its employees against sexual molestation. Employers should impose or create a rule as follows:
Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefore.
Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainers, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.
Sexual Harassment is common in office settings, most likely by male superior to his female employees.
A female employee can sue her employer/ manager if she was molested directly or indirectly. She can file a case under RA 7877 and can also sue other cases like rape, misconduct and other charges.
A person found guilty of Sexual Harassment will be punished imprisonment not less than 1 month or not more than 6 months depending on the grounds. And must pay not less than P10,000 or not more than P20,000.
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