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Soc Sci 5: Group Report on the Anti-Sexual Harassment Law
Transcript of Soc Sci 5: Group Report on the Anti-Sexual Harassment Law
MARY AINNE RAN
Sexual harassment is a harsh reality that a lot of women all over the world face. According to the United Nations Entity for Gender and the Empowerment of Women, for example, studies in Asia--including the Philippines--have shown that 30 to 40 percent of women suffer sexual harassment in the workplace.
According to this United Nations document, sexual harassment is defined as “unwelcome behavior of a sexual nature.” It can be verbal (making sexual innuendos), non-verbal (making suggestive gestures) and physical (touching someone in a sexually explicit manner).
• Unwanted sexual looks or gestures
• Unwanted sexual teasing, jokes, remarks, or questions
• Sexual comments
• Turning work discussions to sexual topics
• Touching an employee’s clothing, hair, or body
• Sexually suggestive signals
• Standing close to or brushing up against a person
• Hugging, kissing, patting, or stroking
• Unwanted deliberate touching, leaning over, pinching, or cornering
• Touching or rubbing oneself sexually around another person, among other things.
WHAT IS THE POLICY OF THE STATE ON SEXUAL HARASSMENT?
Sexual harassment, which has been declared unlawful in the workplace, training and education environments, will not be tolerated as it violates the dignity and human rights of a person.
WHAT IS THE PRESENT LAW ON SEXUAL HARASSMENT?
R.A. 7877, an “Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for other purposes” was approved on February 14, 1995 and became effective on March 5, 1995, fifteen (15) days after its publication in the Malaya and Times Journal on February 18, 1995. It is known as “The Anti-Sexual Harassment Act of 1995.”
R.A. 7877 is a consolidation of House Bill No. 9425 and Senate Bill No. 1632 and signed into law by President Fidel V. Ramos on 14 February 1995.
This law declares all forms of sexual harassment in the employment, education or training environment as unlawful. The law took effect on 5 March 1995.
WHEN IS SEXUAL HARASSMENT COMMITTED IN THE EMPLOYMENT OR WORK-RELATED ENVIRONMENT?
Work-related sexual harassment is committed when:
the submission to or rejection of the act or series of acts is used as basis for any employment decision (including but not limited to, matters related to hiring, promotion, raises in salary, job security, benefits and any other personnel action) affecting the applicant/employee; or
2. the act or series of acts have the purpose or effect of interfering with the complainant’s work performance, or creating an intimidating, hostile or offensive work environment; or
3. the act or series of acts might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to a complainant who may be a co-employee, applicant, customer, or ward of the person complained of.
WHEN IS SEXUAL HARASSMENT COMMITTED IN AN EDUCATION OR TRAINING ENVIRONMENT?
Education or training related sexual harassment is committed when:
1. the submission to or rejection of the act or series of acts is used as a basis for any decision affecting the complainant, including, but not limited to, the giving of a grade, the granting of honors or a scholarship, the payment of a stipend or allowance, or the giving of any benefit, privilege or consideration; or
2. the act or series of acts have the purpose or effect of interfering with the performance, or creating an intimidating, hostile or offensive academic environment of the complainant; or
3. the act or series of acts might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to a complainant who may be a trainee, apprentice, intern, tutee or ward of the person complained of.
WHEN IS A GOVERNMENT OFFICIAL/EMPLOYEE LIABLE FOR SEXUAL HARASSMENT?
A government official or employee, regardless of sex, is liable for sexual harassment when he/she:
1. directly participates in the execution of any act of sexual harassment as defined by the Administrative Disciplinary Rules on Sexual Harassment Cases;
2. induces or directs another or others to commit sexual harassment as defined by these Rules;
3. cooperates in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished; or
4. cooperates in the commission of sexual harassment by another through previous or simultaneous acts.
WHAT ARE THE FORMS OF SEXUAL HARASSMENT?
a. Malicious touching
b. Overt sexual advances
c. Gestures with lewd insinuation
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
4. Other forms analogous to the foregoing.
Issues on Anti-Sexual Harassment
• Prof in sexual harassment case says charge ‘fabricated’. Arsenio Lizaso, a professor of mass communications at St. Paul University in Quezon City, said his student filed the charges against him because she had no legitimate excuse for failing nine out of 10 of her subjects that semester.
The professor said he became close to the student, guiding her in her classes and helping her with her schoolwork. However, during the first semester of school year 2005-2006, the girl seldom attended her classes, including his, the teacher said.
The complainant also alleged that in March 2006, Lizaso told her to meet him in Club Filipino in San Juan so she could submit her school project to him. The respondent allegedly managed to kiss the complainant on her face despite her efforts to evade this unwanted sexual transgression, the resolution said.
• In Narvasa vs. Sanchez, a senior bookkeeper filed a case for sexual harassment against the municipal assessor.
• “Gay, I like you.”
• “Ka date ko si Mary Gay… ang tamis ng halik mo.”
• “Pauwi ka na ba sexy?”
• “I slept and dreamt nice things about you.”
• “Have a date with me.”
• Pinching her upper left arm near the shoulder in a slow manner. Furthermore, during a field trip, the respondent tried to kiss the victim. In such case, the Supreme Court held the respondent guilty of sexual harassment.
Cristy Ramos ‘disgusted’ by dismissal of sexual harassment charges vs. Azkalz
• “…Philippine player Lexton Moy stood by my right side and said in a loud voice “must be a B cup,” to which the players laughed loudly
• “…when I checked Philippine player Angel Guirado he stood in front of me purposely just wearing his briefs and made no attempts to wear shorts or cover his underwear.”
• “This decision says only one thing: they don’t care about the behavior and character of the players,” Ramos said in a News5 interview. “I’m truly disappointed and disgusted on the decision.”
3 Things Every Woman Should Know about Sexual Harassment
By Stephanie Castillo
1. LET THE OFFENDER KNOW THAT WHAT HE/SHE IS DOING IS WRONG.****
2. REPORT THE ACT OF HARASSMENT IMMEDIATELY.****
3. DOCUMENT YOUR EXPERIENCE.****
Is sexual harassment possible within a marriage?
Yes. Marriage does not give someone a license to sexually harass.
Sexual Harassment is committed by a 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 said Act.
It shall be the duty of the employer or the head of the work related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment.
The employer or 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 of such acts by the offended party and no immediate action is taken thereon.
Nothing in the Act(RA 7877) shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.
Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one month nor more than six months, or a fine of not less than Ten thousand pesos nor more than Twenty thousand pesos, or both such fine and imprisonment at the discretion of the court. Any action arising from the violation of the provisions of this Act shall prescribe in three years.
REPUBLIC ACT NO. 7877
Sec. 2. Declaration of Policy .
– The State shall value the dignity of every individual, enhance the development of it human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education.
Sec. 3. Work, Education or Training - related Sexual Harassment Defined.
– Work, education or training - related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, train or, 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 said Act.
(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 a way would discriminate, deprive or diminish employment opportunities or other wise adversely affect said 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;
4. When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
Sec.4. Duty of the Employer or Head of Office in a Work - related, Education or Training Environment
It shall be the duty of the employer or the head of the work - related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment.
Sec. 5. Liability of the Employer, Head of Office, Educational or Training Institution .
– The employer or head of office, educational training institution shall be solidarily liable for damage 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 of such acts by the offended party and no immediate action is taken thereon.
Sec. 6. Independent Action for Damages .
– Nothing in this Act shall preclude the victim of work, education or training - related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.
Sec. 7. Penalties .
–Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than on e (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court. Any action arising from the violation of the provision of this Act shall prescribe in three (3) years.
Sec. 8. Separability Clause.
– If any portion or provision of this Act is declared void and unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.
Sec.9. Repealing Clause .
– All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec.10. Effectivity Clause .
– This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspaper of general circulation.