ANTI-SEXUAL HARASSMENT ACT OF 1995 Primer

(RA 7877)

I. PURPOSE (Sec. 2)

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. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

II. SEXUAL HARASSMENT, DEFINED (Sec. 3)

Work, education or training-related sexual harassment is committed by an 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

III. HOW COMMITTED



A. WORK-RELATED OR EMPLOYMENT ENVIRONMENT (Sec. 3, par. (a))

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 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. EDUCATION OR TRAINING ENVIRONMENT (Sec. 3, par. (b))

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

IV. WHO ARE LIABLE

1. Employee
2. Manager
3. Supervisor
4. Agent of the employer
5. Teacher
6. Instructor
7. Professor
8. Coach
9. Trainor
10. Any other person with authority, influence or moral ascendancy over another in a work or training or education environment
11. Any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the commission thereof by another without which it would not have been committed