Module 4 Lesson 2: RA 7877 Anti-Sexual Harassment Act of 1995 PDF

RA 7877: “ANTI-SEXUAL HARASSMENT ACT OF 1995.” Module 4: LESSON 2 Lorlie A. Castro-Tampipi, MAEd It was signed into law on February 14, 1995 under former Presiden...

RA 7877: “ANTI-SEXUAL HARASSMENT ACT OF 1995.” Module 4: LESSON 2 Lorlie A. Castro-Tampipi, MAEd It was signed into law on February 14, 1995 under former President Fidel Ramos’ administration. Objectives - Discuss Republic Act 7877 “Anti-Sexual Harassment Act of 1995.” - Recognize the importance of Republic Act 7877 in promoting the rights of women. -Recognize key aspects of the law about sexual harassment. What is SEXUAL HARASSMENT?  Under the law, work, education or training related sexual harassment is “committed 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.” MAJOR CHARACTERISTICS OF SEXUAL HARASSMENT The behavior is unwanted or unwelcome The behavior is sexual or related to the sex or the gender of the person The behavior occurs in context of a relationship where one person has more formal power than the other or more informal power. Sexual harassment can be verbal, non-verbal, or physical. SEC. 3. Work, Education or Training-related Sexual Harassment Defined. How is work-related sexual harassment committed? (a)In a work-related or employment environment, 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, 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 discriminate, 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 benefits, privileges, or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.  Forms of Sexual Harassment The Anti-Sexual Harassment Act categorizes sexual harassment into two main forms: 1. QUID PRO QOU SEXUAL HARASSMENT “THIS FOR THAT” This form involves a demand for sexual favors in exchange for employment benefits. For example, a superior may promise promotions, salary increases, or other employment benefits contingent on the employee’s compliance with these demands. 2. HOSTILE WORK ENVIRONMENT HARASSMENT Unlike quid pro quo, this type does not involve explicit exchanges but consists of unwelcome behavior that creates an intimidating, offensive, or hostile work environment. Refers to any work place conduct that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive or offensive working environment. also refers to continued, unwelcome of a sexual nature in the workplace that may interfere with an employees work performance or create an intimidating or abusive environment. Broadened Definition Under the Safe Spaces Act The Safe Spaces Act expanded the reach of RA 7877 to cover harassment between peers and in spaces outside of work, making it easier for victims to report incidents of a sexual nature in any setting. This includes behaviors like: Unwanted advances, comments, or jokes of a sexual nature Sending sexually explicit messages or images through digital means Persistent and unwanted gestures or attention in public places, workplaces, and even online CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT INTO GRAVE, LESS GRAVE OR LIGHT OFFENSE In consonance with the definition of Section 3, Rule III Section 4, Rule IV and Section 5, Rule V of the Rules and Regulations of this Commission Implementing R.A. 7877, An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for other purposes, I propose that the following acts of sexual harassment be classified into three categories namely, grave or serious, less grave and light offense, to wit: Grave Offenses: (a)unwanted touching of private parts of the body or any other act of malicious touching; (b)sexual assault; (c)any act of sexual harassment mentioned in Section 5(a) and (b), Rule V of the CSC Implementing Rules and Regulations, committed by a superior officer or any person having moral ascendancy over the victim The Less Grave Offenses may include but are not limited to: (a)requesting for dates to public places or sexual favors in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments or grant of benefits; (b)pinching not falling under grave offenses; (c) unnecessary touching or brushing against a victim's body; (d)derogatory or degrading remarks or innuendos directed toward members of one sex or one sexual orientation or used to describe a person; or (e)verbal abuse or threats The following may be considered Light Offenses: (a)persistently telling sexist/smutty jokes causing embarrassment or offense, told or carried out after the joker has been advised that they are offensive or embarrassing or are by their nature clearly embarrassing, offensive or vulgar; (b)leering or ogling which is an unwelcome, suggestive, flirtatious, knowing or malicious look at another; (c)voyeurism which is sexual stimulation derived through visual means; (d)the display of sexually offensive pictures, materials or graffiti; (e) unwelcome inquiries or comments about a person's sex life; unwelcome sexual flirtation, advances, propositions; (f) making offensive hand or body gestures at an employee; or (g) persistent unwanted contact or attention after the end of a romantic relationship. ACTS OF LASCIVIOUSNESS A. CONCEPT: The act of making a physical contact with the body of another person for the purpose of obtaining sexual gratification other than, or without intention of sexual intercourse. Intentional Touching, either directly or through clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.(Article 336) KINDS: 1. Forcible (Article 336) if made under circumstances of forcible rape, i.e through force, threat, violation, intimidation. A. Using force or intimidation B. When the offended party is deprived of reason or is otherwise unconscious C. When the offended party is under 12 years of age 2. Consented (Article 339) if made under circumstances of seduction whether simple or qualified. a. Over 12 years but below 18 years b. There was deceit or abuse of authority, abuse of confidence or abuse of relationship. Section 7: Penalties Any person who violates the provisions of this Act shall, upon conviction, be: penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P 10,000) nor more than Twenty thousand pesos (P 20,000), or both such fine and imprisonment at the discretion of the court.