What is Sexual Harassment?

Is an act, or series of acts, involving any

unwelcome sexual advance, request or
demand for a sexual favor, or other verbal
or physical behavior of a sexual nature,
committed by a government employee or
official in a work-related, training education
related environment of the person complained
of. (CSC Resolution No. 01-0940)
Who commits, where and what
happens?
a. By any other person who,
having authority, influence or
moral ascendancy over
another
b. In a work, training or
education environment
c. Demands, request or otherwise
requires any sexual favor from
the other, regardless of
whether the demand, request
or requirement for submission
is accepted by the object of
said act
In a work-related or employment
environment sexual harassment is
committed when?
Sexual favor is made as a
condition for a favorable
exchange or the refusal
to grant would result to an
unfavorable condition for the object of the act
Act would impair the employees right or
privileges under existing labor laws
Act would result in an intimidating, hostile, or
offensive environment for the employee
Typical Examples
1. A supervisor coerces an employee into sexual
relationship and then rewards the employee
with a promotion;
2. A supervisor takes disciplinary action or
denies a promotion to an employee because
s/he rejected sexual advance from the
supervisor
In an education or training environment,
sexual harassment, is
committed?
Against one who is under
the care, custody or supervision of the offender;
Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender
Act is made as a condition for a favorable
exchange or the refusal to grant would result to
an unfavorable condition for the object of the act
Act would result in an intimidating, hostile, or
offensive environment for the student, trainee or
apprentice
Who are liable?
1. Offender;
2. Any person who directs or induces another to
commit any act of sexual harassment;
3. Any person who cooperates in the commission
thereof by another whose without which it
would not have been committed; and/or
4. Employer or head of office, educational or
training institution that is informed of such acts
but takes no immediate action
What can the offended party do?
File a complaint with the institution s/he is
connected; and

File a complaint before a court of

law
Can the victim pursue independent
actions for damages?
ANSWER: YES

Nothing in this Act shall preclude the victim of

work, education or training-related sexual
harassment from instituting a separate and
independent action for damages and other
affirmative relief (sec. 7)
What are the possible penalties?
Imprisonment (1-6 months)
Fine (Php 10,000 Php 20,000)
Both fine and imprisonment