Duties of Employers in Sexual Harassment Cases - ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

In the Philippines, there were two (2) laws enacted to address sexual harassment. First is Republic Act (RA) 7877 or the Anti-Sexual Harassment Act of 1995, and second is RA No. 11313 or the Safe Spaces Act.

The said laws provide for the duties of employers, heads of offices, and even school heads, on how to handle sexual harassment in a work-related, education, or training environment, which would include the creation of a committee on decorum and investigation (CODI) and the imposition of administrative penalties against the perpetrators.

MAIN DIFFERENCE BETWEEN THE ANTI-SEXUAL HARASSMENT ACT and SAFE SPACES ACT

RA 7877 or the Anti-Sexual Harassment Act of 1995 has a limited scope, as it only addresses work, education or training-related sexual harassment.

On the other hand, RA No. 11313 or the Safe Spaces Act widens the scope of RA 7877 because it does not only address work, education or training-related sexual harassment but also gender-based sexual harassment on streets, public spaces, and online platforms. “Gender”, under the Safe Spaces Act, is defined as a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations identifying the social behavior of men and women, and the relations between them.

DUTIES OF EMPLOYERS OR HEADS OF OFFICES IN CASES OF SEXUAL HARASSMENT

Section 4 of RA 7877 provides for the following duties of employers or heads of offices in cases of work, education or training-related sexual harassment:

Section 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. – It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank-and-file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, instructors, professors or coaches and students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.

On the other hand, Section 17 of the RA 11313 provides for the following duties of employers, or even school heads, in cases of gender-based sexual harassment in the workplace:

Section 17. Duties of Employers. – Employers or other persons of authority, influence or moral ascendancy in a workplace shall have the duty to prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace. Towards this end, the employer or person of authority, influence or moral ascendancy shall:

(a) Disseminate or post in a conspicuous place a copy of this Act to all persons in the workplace;

(b) Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-sexual harassment seminars;

(c) Create an independent internal mechanism or a committee on decorum and investigation to investigate and address complaints of gender-based sexual harassment which shall:

) Adequately represent the management, the employees from the supervisory rank, the rank-and-file employees, and the union, if any;
) Designate a woman as its head and not less than half of its members should be women;
) Be composed of members who should be impartial and not connected or related to the alleged perpetrator;
) Investigate and decide on the complaints within ten (10) days or less upon receipt thereof;
) Observe due process;
) Protect the complainant from retaliation; and
) Guarantee confidentiality to the greatest extent possible;

(d) Provide and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy which shall:

) Expressly reiterate the prohibition on gender-based sexual harassment;
) Describe the procedures of the internal mechanism created under Section 17(c) of this Act; and
) Set administrative penalties.

Section 22. Duties of School Heads. -School heads shall have the following duties:

(a) Disseminate or post a copy of this Act in a conspicuous place in the educational institution;

(b) Provide measures to prevent gender-based sexual harassment in educational institutions, like information campaigns;

(c) Create an independent internal mechanism or a CODI to investigate and address complaints of gender-based sexual harassment which shall:

) Adequately represent the school administration, the trainers, instructors, professors or coaches and students or trainees, students and parents, as the case may be;
) Designate a woman as its head and not less than half of its members should be women;
) Ensure equal representation of persons of diverse sexual orientation, identity and/or expression, in the CODI as far as practicable;
) Be composed of members who should be impartial and not connected or related to the alleged perpetrator;
) Investigate and decide on complaints within ten (10) days or less upon receipt, thereof;
) Observe due process;
) Protect the complainant from retaliation; and
) Guarantee confidentiality to the greatest extent possible.

(d) Provide and disseminate, in consultation with all persons in the educational institution, a code of conduct or school policy which shall:

) Expressly reiterate the prohibition on gender-based sexual harassment;
) Prescribe the procedures of the internal mechanism created under this Act; and
) Set administrative penalties.

LIABILITY OF EMPLOYERS AND HEADS OF OFFICES

Section 5 of RA 7877 provides for the liability of employers should they fail to take any action after they are informed of acts of sexual harassment:

Section 5. Liability of the Employer, Head of Office, Educational or Training Institution. – The employer or head of office, educational or training institution shall be solidarity liable for damages arising from the 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 thereon.

Sections 19 and 23 of RA 11313 provides for the liability of employers for committing acts of gender-based sexual harassment in the workplace:

Section 19. Liability of Employers.— In addition to liabilities for committing acts of gender-based sexual harassment, employers may also be held responsible for:

(a) Non-implementation of their duties under Section 17 of this Act, as provided in the penal provisions; or

(b) Not taking action on reported acts of gender-based sexual harassment committed in the workplace.

Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than Five thousand pesos (₱5,000.00) nor more than Ten thousand pesos (₱10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than Ten thousand pesos (₱10,000.00) nor more than Fifteen thousand pesos (₱15,000.00).

Section 23. Liability of School Heads.— In addition to liability for committing acts of gender-based sexual harassment, principals, school heads, teachers, instructors, professors, coaches, trainers, or any odier person who has authority, influence or moral ascendancy over another in an educational or training institution may also be held responsible for:

(a) Non-implementation of their duties under Section 22 of this Act, as provided in the penal provisions; or

(b) Failure to act on reported acts of gender-based sexual harassment committed in the educational institution.

RELATED ARTICLES:

CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT – ALBURO LAW

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.

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