Sexual Harassment as Employee Discipline Issue

Sexual harassment is punishable both administratively and criminally. Imagine a situation where a boss solicits sexual favor from his subordinate in exchange for regularization or promotion. The situation screams of sexual harassment. Such employee may be dismissed for committing the act of sexual harassment.

Sexual harassment is an imposition of misplaced “superiority” which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life.

Justice Puno wrote in the case of Villarama vs. NLRC and Golden Donuts, Inc. that sexual harassment abounds in all sick societies. It is reprehensible enough but more so when inflicted by those with moral ascendancy over their victims.

Republic Act 7877 or the “Anti-Sexual Harassment Act of 1995” governs the cases of sexual harassment. In section 3 of the law, it provides that:

“Section 3. Work, Education or Training- Related, Sexual Harassment Defined.—Work, education or training-related sexual harassment is commit ted by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment,

demands, requests 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.

(a) In a work-related or employment environ- ment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re- employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would dis- criminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When 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 bene- fits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein de- fined, or who cooperates in the commission thereof by another without which it would not have been commit- ted, shall also be held liable under this Act.”

Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin

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Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

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