Question & AnswerQ&A (CSC MEMORANDUM CIRCULAR NO. 19)
The policy of the State is to afford protection to working women, ensure equal work opportunities for all, and provide a work environment supportive of productivity where all officials and employees are treated with dignity and respect, and where no sexual harassment is tolerated.
The policy covers all officials and employees in government, whether in the Career or Non-Career Service, holding positions under permanent or temporary status in the national or local government, including government-owned or controlled corporations, state colleges, and universities. It also includes applicants for employment after the application has been received by the agency.
Sexual harassment is defined as one or a series of incidents involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that cause insecurity, discomfort, offense or humiliation; or submission to such conduct is made a condition of employment, training, scholarship, or is used as basis for employment decisions; or that interferes with work performance or creates a hostile work environment.
Employment-related sexual harassment may occur in the office, outside the office, at office-related social functions, during work assignments outside the office, in work-related conferences or training sessions, during work-related travel, or over the telephone.
Sexual harassment constitutes a ground for administrative disciplinary action under grave misconduct, conduct prejudicial to the best interest of the service, or simple misconduct, with penalties that can include dismissal from the service.
Heads of agencies must inform officials and employees of the policy, investigate formal complaints, impose disciplinary measures, provide support and assistance to victims, appoint advisors and provide training, designate an officer responsible for complaint handling, maintain confidentiality, and keep records.
Yes, notwithstanding the existence of this policy, every person has the right to seek redress from the courts even when steps are being taken under the policy.
Confidentiality must be strictly maintained at all stages of the proceedings to protect the interests of the complainant, the person complained against, and any other persons who report sexual harassment cases.
All complaints of sexual harassment shall be investigated and disposed of in accordance with existing rules and procedures on administrative proceedings.
Yes, the policy recognizes that employees may be subjected to sexual harassment by clients, and the head of agency shall support and assist the person subjected to such harassment.