Report by: Chicky S. Recheta

 Define the Anti-Sexual Harassment Law  Identify the most common misconceptions about sexual harassment  Know the proposed amendments to the Anti- Sexual Harassment Law

 Republic Act 7877  Anti-Sexual Harassment Act of 1995  Passed on February 8, 1995  Approved on February 14, 1995

 Value the dignity of every individual;  Enhance the development of its human resources;  Guarantee full respect for human rights; and  Uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education.

...by any other person who, having authority, influence or moral ascendancy over another  in a work, 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.

Workplace  Sexual favor is made as a condition for a favorable exchange or the refusal to grant would result to an unfavorable condition for the object of the act  Act would impair the employee’s right or privileges under existing labor laws  Act would result in an intimidating, hostile, or offensive environment for the employee

Education or Training  Against one who is under the care, custody or supervision of the offender;  Against one whose education, training, apprenticeship or tutorship is entrusted to the offender

Education or Training  Act is made as a condition for a favorable exchange or the refusal to grant would result to an unfavorable condition for the object of the act;  Act would result in an intimidating, hostile, or offensive environment for the student, trainee or apprentice

 Offender;  Any person who directs or induces another to commit any act of sexual harassment;  Any person who cooperates in the commission thereof by another whose without which it would not have been committed; and/or  Employer or head of office, educational or training institution that is informed of such acts but takes no immediate action.

 File a complaint with the institution s/he is connected; and  File a complaint before a court of law

 Imprisonment (1-6 months);  Fine (PhP 10,000 – PhP 20,000);  Both fine and imprisonment

1. Prevention 2. Provision of procedures for the resolution, settlement or prosecution of acts of sexual harassment

In consultation with and approval of representatives of all stakeholders: 1. Come up with Guidelines on Proper Decorum 2. Create a CODI 3. Disseminate the Act

Committee on Decorum and Investigation (CODI) WorkplaceEducation or Training 1 Management1 Administration 1 Union (if any)1 Student or Trainee 1 Supervisory 1 Rank and File

 Women provoke and ask for it  This is just for women  Just a bit of workplace fun  Social perception that sexual harassment is a small problem  Use of culture to deny or justify sexual harassment

 Lack of power vs the harasser  Fear of losing their incomes or potential employment  Fear of losing their personal and economic freedom  Lack of awareness  Not knowing what to do about sexual harassment

1. SB 1412 – Seeks to expand the medium of communication by including SMS, electronic mail, electronic chat and other similar means of conveying messages via electronic communication 2. SB 2635 – Seeks to add/amend the following Customer, guest and client as possible offenders Imprisonment from 6 months to 6 years Fine from PhP 50,000 – PhP 70,000

3. HB 6620 Sexual Harassment may be verbal, physical or through available technology within or outside education or training area. Violators include those who have authority to approve/grant appointments, admissions, or scholarships Head of Office must adopt and implement a comprehensive, detailed, written policy There should be promulgated rules and Guidelines for Proper Decorum within and outside education or training institution

3. HB 6620 (cont.) Create CODI within one year from agency’s existence or initial operations which CODI has been given more extensive and well-defined duties and functions. Liability of Head of Office is increased because it includes situations where facts show that s/he is presumed to have knowledge of acts constituting sexual harassment, particularly where sexual harassment is openly practiced and well known among employers, students or trainees. Penalties: Fine PhP 50,000 (maximum is imposed on superior officials, leader, instructor, professor, coach, trainee etc.)

3. HB 6620 (cont.) Assign the following in crafting IRR: - CSC for the public sector - DOLE for the private sector - PCW, DepEd, CHED & TESDA to provide inputs - NGOs, Civil Society as observers

 RA 7877  Conditions of Work and Employment Programme Sexual Harassment at work: National and International Responses by Deirdre McCann  Revisiting the Anti-Sexual Harassment Law Presentation of Atty. Carmelita Yadao-Sison MNSA, Ph.D. Director III, CHED Legal Service Chair

Thank You!