Section 3

Work, education or training-related sexual harassment defined

Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests for otherwise requires any sexual favour from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of the said Act.

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

(1)       the sexual favour 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 favourable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favour 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 labour 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 favour is made a condition to the giving of a passing grade, or the granting of honours 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.

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

Section 4

Duty of the employer or head office in a work-related, education or training environment

It shall be the duty of the employer or the head of the work-related, education 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, trainers 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 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 trainers, teachers, instructors, professors or coaches and student 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.

[Philippines, Anti-Sexual Harassment Act, No. 7877 of 8 February 1995]