Obligation of Employer in Sexual Harassment Cases
The employer has the duty to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution or prosecution of the offense.
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. (R.A. 7877, Section 4.)
In which case, pursuant to Section 4 of R.A. 7877 paragraphs (a) and (b), the employer shall:
- Promulgate appropriate rules and regulations
These rules and regulations shall be promulgated 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 therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of
sexual harassment.
The said rules and regulations shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.
- Create a committee on decorum and investigation
The committee is tasked to investigate cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors, 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.
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Committee composition in a work-related environment
In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.
Committee under educational or training institution
In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, instructors, professors or coaches and students or trainees, as the case may be.
Duty of the employer to post a copy of the law
The employer or head of office, educational or training institution shall disseminate or post a copy of the Act for the information of all concerned.
When the acts mentioned are committed and brought to the attention of the employer but he fails to
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take action, he shall be solidarily liable for damages arising from the acts of sexual harassment.
The victim can institute separate action for damages. The offended party is not precluded from instituting a separate and independent action for damages and other affirmative relief. In short, the victim may file a civil case against the offender even though a criminal proceeding has already been filed and on-going.
Any person convicted of committing the act of sexual harassment shall suffer the following:
- Imprisonment of not less than one (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.
R.A. 7877 provides that any action arising from sexual harassment shall prescribe in three (3) years.
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