Question & AnswerQ&A (Republic Act No. 7877)
The official title is the "Anti-Sexual Harassment Act of 1995."
The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, and students or those undergoing training, instruction or education, declaring all forms of sexual harassment in such environments unlawful.
It is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or anyone with authority, influence or moral ascendancy over another in a work, training or education environment, who demands, requests, or requires any sexual favor from the other, regardless of whether the demand or request is accepted.
When the sexual favor is made a condition in hiring, employment, re-employment, continued employment, favorable compensation, promotions or privileges; or refusal leads to discrimination or adverse employment effects; or results in an intimidating, hostile, or offensive environment.
When it is committed against someone under the care or supervision of the offender or whose education or training is entrusted to the offender, when sexual favors are made a condition for passing grades, honors, scholarships, allowances, or other benefits, or when sexual advances create an intimidating, hostile or offensive environment.
Any person who directs, induces, or cooperates in the commission of sexual harassment shall also be held liable.
They must prevent or deter sexual harassment, promulgate rules for investigation and sanctions, create a committee on decorum and investigation, conduct meetings to prevent harassment, and disseminate or post a copy of the Act for information.
It must have at least one representative each from management, the union (if any), employees from supervisory ranks, and rank and file employees.
They shall be solidarily liable for damages arising from such acts.
Yes, nothing in the Act precludes a victim from instituting a separate and independent action for damages and other affirmative relief.
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, at the court's discretion.
The action shall prescribe in three (3) years.
The remaining portions or provisions shall not be affected by such declaration according to the separability clause.
It took effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.