Law Summary
Definition of Sexual Harassment in Work, Education, or Training Environments
- Perpetrators include employers, employees, managers, supervisors, agents, teachers, professors, coaches, trainers, and any person with authority or influence.
- Sexual harassment occurs when sexual favors are demanded or requested regardless of acceptance.
- In employment:
- Sexual favors as condition for hiring, employment, promotion, or other benefits.
- Refusal results in discrimination, deprivation, or adverse employment consequences.
- Acts impair employee rights or create a hostile work environment.
- In education or training:
- Against those under the offender’s care or supervision.
- Sexual favors conditioned for passing grades, honors, scholarships, stipends, or privileges.
- Creation of intimidating, hostile, or offensive environments.
- Directing, inducing, or cooperating in sexual harassment renders one liable.
Employer/Head of Office Duties in Preventing Sexual Harassment
- Duty to prevent and deter sexual harassment.
- Must provide procedures for resolution, settlement, or prosecution.
- Promulgate rules and regulations jointly approved with employee/student representatives.
- Rules should detail investigation procedures and administrative sanctions.
- Administrative punishments do not bar court prosecution.
- Include guidelines on workplace or educational decorum.
- Create a committee for decorum and investigation:
- Committee composition varies by environment:
- Work: management, union, supervisory, rank and file representatives.
- Education/training: administration, instructors, students/trainees representatives.
- Committee conducts meetings to promote understanding and prevent harassment.
- Investigates alleged cases.
- Committee composition varies by environment:
- Disseminate or post a copy of the Act for information.
Liability of Employers or Heads of Institutions
- Employers or heads are solidarily liable for damages if notified of harassment and fail to act immediately.
Rights of Victims
- Victims may file independent, separate actions for damages and affirmative relief aside from administrative or criminal actions.
Penalties for Violations
- Imprisonment from one (1) to six (6) months, or
- Fine between Ten thousand (P10,000) to Twenty thousand pesos (P20,000), or
- Both penalties may be imposed at court discretion.
- Actions must be filed within three (3) years from the violation.
Separability Clause
- Declaring any provision void or unconstitutional does not affect the validity of remaining provisions.
Repealing Clause
- Laws and regulations inconsistent with this Act are repealed or modified accordingly.
Effectivity Clause
- The Act takes effect fifteen (15) days after publication in at least two national newspapers of general circulation.