Definition and Constituent Acts of Sexual Harassment
- Sexual harassment includes any unwelcome sexual advances, demands for sexual favors, or other sexual conduct whether written, oral, or physical.
- Applies when committed by a DOLE official or employee against a co-official, co-employee, applicant, or client.
- Sexual harassment is characterized by:
- Taking advantage of the victim's weakness, vulnerability, status, or socio-economic standing.
- Imposing sexual acts explicitly or implicitly as conditions for employment, promotion, or preferential treatment.
- Interfering negatively with an official’s or employee’s work performance.
- Creating a hostile, offensive, intimidating, or uncomfortable work environment.
- Classified as a grave offense punishable under the DOLE Manual on Disposition of Administrative Cases.
- Filing of administrative disciplinary measures does not preclude resort to regular courts for other legal actions.
Creation and Composition of the Fact-Finding Committee
- Establishes a Special Fact-Finding Committee for receiving, investigating, and hearing sexual harassment complaints.
- Committee Members:
- DOLE Resident Ombudsman (Chairperson)
- Chairperson, DOLE PDPW Focal Point (Co-Chairperson)
- Assistant Secretary for Management Services
- Director, Human Resource Development Service
- Director, Legal Service
- President, DOLE or Concerned Agency Employees Union (Ad Hoc)
- Resident Ombudsman of Concerned Agency (Ad Hoc)
- Members who are complainants or respondents must inhibit themselves from committee deliberations.
Secretariat
- The Legal Service department will serve as the Secretariat for the Fact-Finding Committee.
Disposition Procedure for Sexual Harassment Cases
- The DOLE Secretary is tasked with issuing rules and regulations to implement this Administrative Order effectively.
Awareness and Information Dissemination
- Relevant agencies are required to conduct campaigns to raise awareness and educate on the policy against sexual harassment.
Effectivity
- The Order takes effect immediately upon issuance.