Superior’s advances sexual harassment
"I am working in a known call center company in Makati City. My problem is about my supervisor who often makes offensive advan¬ces to me. Can you tell me the instances when an act may be considered as sexual harassment? If I complain him in the HR Department of our company, can I still sue him in court?
Ms. ConfusedDear Ms. Confused,
Republic Act No. 7877, otherwise known as Anti-Sexual Harassment Act of 1995, was enacted in recognition of the value of the dignity of every individual and makes unlawful all forms of sexual harassment in the employment, education or training environment. Section 3 thereof provides that work or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer or any other person who, having authority, influence or moral ascendancy over another in a work or training 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 the said act. Sexual harassment in a work-related or employment environment is committed in the following instances: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 of 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 or3. The above acts would result in an intimidating, hostile, or offensive environment for the employee.
The filing of a complaint for sexual harassment in the HR department concerned will not prevent the victim in initializing the prosecution in the proper courts of the unlawful acts of sexual harassment (Section 4, ibid.). 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 (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court. Any action arising from a violation of the Anti-Sexual Harassment Act shall prescribe in three (3) years (Section 7, ibid.).Finally, we want to remind you that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated.We hope that we were able to address your concern.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com"
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"Superior’s advances sexual harassment"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021