Policy on Sexual Harassment in the Workplace

Section 4, RA 6713 is invoked as establishing norms of personal conduct for every public official and employee, including respect for the rights of others and refraining from acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest.
Section 1, Chapter 1, Title (A), Book V of the Administrative Code of 1987 and Section 4(B), RA 6713 are invoked as empowering the Civil Service Commission to adopt positive measures to promote morale and efficiency and observance of standards of personal conduct in the civil service.
The policy is grounded on the State’s guarantee of dignity and human rights for every person.
Sexual harassment is recognized as a violation of human rights, a harm to morale and efficiency in the workplace, a violation of the merit and fitness principle in the civil service, and a creator of a hostile work environment that adversely affects productive performance.
The State policy aims to provide a work environment that treats all officials and employees with dignity and respect and does not tolerate sexual harassment by any workplace participant.

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 with original charters and state colleges and universities.
The policy also includes applicants for employment after the application has been received by the agency.
The policy covers sexual harassment by clients who transact business with agency officers and employees.
When the subject is sexual harassment by clients, the head of agency must take responsibility to support and assist the person subjected to the harassment.
The policy does not remove a person’s right to seek redress from the courts, even while steps under the policy are being undertaken.
The policy is not intended to constrain social interaction between people in government.

Sexual harassment consists of 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 any of the following conditions exist:
- The conduct might reasonably be expected to cause insecurity, discomfort, offense, or humiliation to another person or group.
- Submission to such conduct is made, implicitly or explicitly, a condition of employment, an opportunity for training, or a grant of scholarships.
- Submission to or rejection of the conduct is used as a basis for an employment decision, including promotion, raise in salary, job security, and benefits affecting the employee.
- The conduct has the purpose or effect of interfering with a person’s work performance, or creating an intimidating, hostile, or offensive work environment.
“Employment-related sexual harassment” means 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.
Employment-related sexual harassment includes, but is not limited to, harassment:
- at the office;
- outside the office;
- at office-related social functions;
- in the course of work assignments outside the office;
- at work-related conferences or training sessions;
- during work-related travel;
- over the telephone.

Sexual harassment by another employee or officer constitutes a ground for administrative disciplinary action.
The offense is categorized under Grave Misconduct, Conduct Prejudicial to the Best Interest of the Service, or Simple Misconduct.
The administrative categorization is tied to Section 46(b), Chapter 6, Title 1(A), Book V of the Administrative Code of 1987.
Administrative penalties for employment-related sexual harassment may be up to dismissal from the service.
Disciplinary action applies regardless of the position and status of the offender once the complaint of employment-related sexual harassment is found substantiated.

The head of agency is responsible for informing officials and employees of the policy, including their rights and responsibilities and the existence of procedures available under the policy.
The head of agency must investigate every formal written complaint of sexual harassment.
The head of agency must impose strict disciplinary measures when a complaint of employment-related sexual harassment is substantiated, regardless of the offender’s position and status.
The head of agency must do all in its power to provide advice, support, and assistance to employees and applicants subjected to sexual harassment, whether or not both parties are employed within the same agency.
The head of agency must appoint advisors and provide training and resources so they can fulfill their responsibilities under the policy.
The head of agency must designate an officer responsible for the investigation and hearing of complaints on sexual harassment.
The head of agency must strictly maintain confidentiality at all stages to protect the interests of the complainant, the person complained against, and any other person who may report sexual harassment.
The head of agency must maintain records as required by the policy.

All complaints for sexual harassment must be investigated and disposed of in accordance with existing rules and procedures on administrative proceedings.
The policy requires formal written complaints to be investigated by the agency head through the designated process.
Disposition of cases follows existing administrative procedural rules for sexual harassment cases.