FAQ on Anti-Sexual Harassment Act of 1995

Frequently Asked Questions on Anti-Sexual Harassment Act of 1995 (R.A. 7877)

Q: How is work, education or training-related sexual harassment committed?

A: Work, education or training-related sexual harassment is committed by an 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. (Section 3, R.A. 7877)

Q: In a work-related or employment environment, how is 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 a 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.

Q: In an education or training environment, how is sexual harassment committed?

A: 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.  

Q: What are the penalties for violation of the Anti-Sexual Harassment Act of 1995?

A: 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.