Sexual Harassment in a Nutshell

Republic Act 7877 or the “Anti-Sexual Harassment Act of 1995” governs the cases of sexual harassment. In section 3 of the law, it provides that:

“Section 3. Work, Education or Training- Related, Sexual Harassment Defined.—Work, education or training-related sexual harassment is commit ted by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, 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 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 dis- criminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the 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;

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(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 bene- fits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein de- fined, or who cooperates in the commission thereof by another without which it would not have been commit- ted, shall also be held liable under this Act.”

From the above provision, it can be deduced that the act may be committed by the following:

1. Employer
2. Employee
3. Manager

In Villarama vs. NLRC and Golden Donuts, Inc., as a managerial employee, he is bound by a more exacting work ethics. He failed to live up to this higher standard of responsibility when he succumbed to his moral perversity. And when such moral perversity is perpetrated against his subordinate, he provides justifiable ground for his dismissal for lack of trust and confidence. It is the right, nay, the duty of every employer to protect its employees from over sexed superiors.

1. Supervisor
2. Agent of the employer
3. Teacher
4. Instructor
5. Professor

6. Coach
7. Trainor, or
8. Any other person who, having authority, influ- ence or moral ascendancy over another in a work or training or education environment.

The environment where it can be committed involves:

1. Work-related environment;
2. Education-related; or
3. Training-related

Further, sexual harassment is committed in a work- related environment when:

1. 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;
2. The acts would impair the employee’s rights or privileges under existing labor laws; or
3. The acts would result in an intimidating, hostile, or offensive environment for the employee.

Sexual harassment arises in an education-related environment when:

1. 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 con- sideration; and
2. The sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
3. For the offense to exist, the above education-related acts must be committed against:
4. One who is under the care, custody or supervision of the offender;
5. One whose education, training, apprenticeship or tutorship is entrusted to the offender.

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