Anti-Sexual Harassment Act of 1995 Quiz

Anti-Sexual Harassment Act of 1995

• The Anti-Sexual Harassment Act of 1995 (Republic Act 7877) was enacted in the Philippines in 1995.
• The goal of the act is to protect individuals from sexual harassment in the workplace, educational institutions, and training environments.
• The act defines work, education, or training-related sexual harassment as a form of misconduct that involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical behavior of a sexual nature.
• The act emphasizes that such behavior is unlawful regardless of whether the demand or request is accepted by the person targeted.

Types of Sexual Harassment in the Workplace

• Sexual harassment in the workplace is classified under three distinct scenarios:
  • Condition of Employment: Sexual favors are required for employment, re-employment, promotion, or favorable compensation.
  • Impaired Rights: The harassment interferes with an employee's rights under labor laws.
  • Hostile Environment: The harassment creates an intimidating, hostile, or offensive work environment for the employee.

Responsibilities of Heads of Agencies

• Heads of agencies are mandated to:
  • Inform officials and employees about the policy on sexual harassment, including their rights and responsibilities.
  • Investigate formal written complaints of sexual harassment and impose disciplinary measures when a complaint is substantiated.
  • Provide support and assistance to employees and applicants subjected to harassment.
  • Appoint advisors with training to address sexual harassment.
  • Designate a specific agency officer to handle investigations and hearings involving sexual harassment.
  • Maintain confidentiality throughout the proceedings to protect all parties involved in sexual harassment cases.
  • Keep detailed records related to sexual harassment incidents.

Specific Acts Constituting Sexual Harassment

• Employment or Work-Related Sexual Harassment includes the following:
  • Demanding, requesting, or requiring sexual favors as a condition for employment, re-employment, favorable compensation, promotion, or privileges.
  • Demanding sexual favors from someone under the offender's training.
  • Refusal of sexual advances resulting in discriminatory practices that limit, classify, or segregate the employee and impact employment opportunities.
  • Creating an intimidating, hostile, or offensive work environment through demands for sexual favors.

Forms of Sexual Harassment

• The law outlines numerous forms of sexual harassment:
  • Physical: Physical contact, malicious touching overt sexual advances, unwelcome or inappropriate gestures, suggestive expressions, and lewd insinuations.
  • Verbal: Requests or demands for sexual favors, lurid remarks.
  • Use of Objects: Pictures, letters, or written notes with explicit sexual content, creating a hostile or offensive work or training environment.

Persons Liable for Sexual Harassment in the Civil Service Commission

• The Civil Service Commission (CSC) has specific rules and regulations regarding sexual harassment.
• Any official or employee of the CSC with authority, influence, or moral ascendancy over another person is liable for sexual harassment.
• Liability extends to those who direct or induce another to commit acts of sexual harassment or those who cooperate in the commission of harassment.

Duties of the Civil Service Commission

• The CSC is responsible for:
  • Implementing prevention and deterrence measures through awareness campaigns, research, and data collection to understand the prevalence, nature, and impact of sexual harassment.
  • Establishing procedures for resolving, settling, and prosecuting sexual harassment cases.
  • Creating a Committee on Decorum and Investigation to handle sexual harassment cases.
  • Providing a copy of the rules and regulations to all officers, employees, and trainees, with posted copies in prominent locations in the workplace.

Committee on Decorum and Investigation

• This committee is tasked with receiving complaints, filing formal charges, investigating allegations, conducting hearings, and submitting reports with recommendations to the Commission for final decisions.
• They maintain confidentiality throughout the process.
• In Regional offices, a Local Committee assumes these responsibilities and reports directly to the Commission.

Procedures for Disposition of Sexual Harassment Cases

• Complaints must be under oath and accompanied by an affidavit from the victim.
• All complaints are investigated and handled following the Uniform Rules of Procedure in the Conduct of Administrative Investigations as established by the Civil Service Commission.

Test your knowledge about the Anti-Sexual Harassment Act of 1995, a significant legislation in the Philippines aimed at protecting individuals from workplace harassment. This quiz covers the definitions, types, and implications of sexual harassment in various environments.