Policy and unlawful conduct
- The State must value the dignity of every individual and guarantee full respect for human rights, including upholding the dignity of workers, employees, applicants for employment, students, and those undergoing training, instruction, or education (Section 2).
- All forms of sexual harassment in the employment, education, or training environment are declared unlawful (Section 2).
Core definitions of sexual harassment
- Work, education, or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who has authority, influence, or moral ascendancy over another in a work or training or education environment, and who demands, requests, or otherwise requires any sexual favor from the other, regardless of acceptance (Section 3).
- In a work-related or employment environment, sexual harassment is committed when:
- The sexual favor is made a condition in hiring, employment, re-employment, or continued employment, or in granting favorable compensation, terms, conditions, promotions, or privileges (Section 3).
- The refusal to grant the sexual favor results in discriminating, segregating, or classifying the employee in any way that would deprive or diminish employment opportunities or otherwise adversely affect the employee (Section 3).
- The above acts would impair the employee’s rights or privileges under existing labor laws (Section 3).
- The above acts would result in an intimidating, hostile, or offensive environment for the employee (Section 3).
- In an education or training environment, sexual harassment is committed when:
- It is directed against one who is under the care, custody, or supervision of the offender (Section 3).
- It is directed against one whose education, training, apprenticeship, or tutorship is entrusted to the offender (Section 3).
- The sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance, or other benefits, privileges, or considerations (Section 3).
- The sexual advances result in an intimidating, hostile, or offensive environment for the student, trainee, or apprentice (Section 3).
- Any person who directs or induces another to commit sexual harassment, or who cooperates in its commission without which it would not have been committed, is held liable under the Act (Section 3).
Employer and institution prevention duties
- The employer or head of the work-related, educational, or training environment must prevent or deter sexual harassment and must provide procedures for the resolution, settlement, or prosecution of sexual harassment cases (Section 4).
- The employer or head of office must:
- Promulgate appropriate rules and regulations in consultation with and jointly approved by employees or students/trainees through duly designated representatives, prescribing the procedure for investigating sexual harassment cases and the administrative sanctions therefor (Section 4).
- Ensure that administrative sanctions do not bar prosecution in the proper courts for unlawful acts of sexual harassment (Section 4).
- Include guidelines on proper decorum in the workplace and educational or training institutions (Section 4).
- The employer or head of office must create a committee on decorum and investigation of cases on sexual harassment that conducts meetings to increase understanding and prevent incidents, and investigates alleged cases (Section 4).
- Committee composition requirements are mandatory:
- For a work-related environment, the committee must include at least one (1) representative each from: management, the union (if any), employees from the supervisory rank, and employees from the rank and file (Section 4).
- For an educational or training institution, the committee must include at least one (1) representative from: administration, trainors/teachers/instructors/professors/coaches, and students/trainees (as the case may be) (Section 4).
- The employer or head of office, educational, or training institution must disseminate or post a copy of the Act for the information of all concerned (Section 4).
Employer civil liability and victim’s remedies
- The employer or head of office or educational or training institution is solidarily liable for damages arising from acts of sexual harassment committed in the employment, education, or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken (Section 5).
- The victim is not barred from instituting a separate and independent action for damages and other affirmative relief (Section 6).
Criminal penalties and prescription
- Violations are punishable upon conviction by:
- 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 imprisonment and fine at the discretion of the court (Section 7).
- Actions arising from violations prescribe in three (3) years (Section 7).
Separability, repeal, and effectivity
- If any portion or provision of the Act is declared void or unconstitutional, the remaining portions or provisions remain in force (Section 8).
- All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the Act are repealed or modified accordingly (Section 9).
- The Act takes effect after fifteen (15) days from complete publication in at least two (2) national newspapers of general circulation (Section 10).