QuestionsQuestions (CSC MEMORANDUM CIRCULAR NO. 19)
It is pursuant to CSC Resolution No. 94-2854 dated May 31, 1994, which adopted the “Policy on Sexual Harassment in the Workplace.”
The State aims to protect working women and ensure equal work opportunity with full respect for human rights. The CSC commits to a supportive work environment where officials and employees are treated with dignity and respect and where sexual harassment is not tolerated, whether by fellow employees, supervisors, associates, or clients.
Sexual harassment by another employee or officer constitutes a ground for administrative disciplinary action under Grave Misconduct, Conduct Prejudicial to the Best Interest of the Service, or Simple Misconduct under Section 46(b), Chapter 6, Title 1(A), Book V of the Administrative Code of 1987, with penalties up to dismissal from the service.
It covers all officials and employees in government (Career or Non-Career), including those holding permanent or temporary status in national or local government, and GOCCs with original charters, and state colleges and universities. It also includes applicants for employment after the application has been received by the agency.
Yes, the policy recognizes that officers/employees may be subject to harassment by clients. In such cases, the head of agency shall take responsibility to support and assist the person subjected to such sexual harassment.
Yes. Notwithstanding the policy and the steps taken under it, every person has the right to seek redress from the courts.
Sexual harassment is one or a series of incidents involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of sexual nature made directly, indirectly, or impliedly when: (1) it might reasonably be expected to cause insecurity, discomfort, offense, or humiliation; or (2) submission is made a condition of employment/training/scholarship; or (3) submission or rejection is used as a basis for employment decisions (promotion, raise, job security, benefits); or (4) it has the purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment.
It refers to sexual harassment by a member or employee of the agency occurring in the working environment or anywhere else as a result of employment responsibilities or employment relationship. It includes (but is not limited to) harassment at the office, outside the office, at office-related social functions, during work assignments outside the office, in conferences/training, during work travel, and over the telephone.
The policy explicitly includes harassment at the office, outside the office, at office-related social functions, during work assignments outside the office, during work-related conferences or training sessions, during work-related travel, and over the telephone.
The head of agency must (1) inform officials and employees of the policy, their rights and responsibilities, and the available procedures; and (2) investigate every formal written complaint and impose strict disciplinary measures when the complaint is substantiated regardless of the offender’s position/status.
The head must provide advice, support, and assistance to persons subjected to harassment (whether the parties are in the same agency or not). The head must also strictly maintain confidentiality in all stages to protect the complainant, the respondent, and any other person who may report.
Confidentiality must be maintained in all stages of the proceedings—i.e., from investigation through hearing and disposition—so as to protect the interests of the complainant, the person complained against, and potential reporters.
All complaints for sexual harassment shall be investigated and disposed of in accordance with the existing rules and procedures on administrative proceedings.
The head of agency must designate an officer responsible for the investigation and hearing of complaints on sexual harassment.
The head of agency must appoint advisors and provide training and resources so advisors can fulfill their responsibilities under the policy.
It takes effect fifteen (15) days after its publication in a newspaper of general circulation.