Republic Act No. 7877, commonly known as the Anti Sexual Harassment Act punishes those who are guilty of sexual harassment in the employment, education and training grounds.
Who May be Held Liable
The following persons may be held liable for sexual harassment:
Any 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 another, regardless of whether the demand, request or requirement for submission is accepted by the object of said act.
Any person who directs or induces another to commit any act of sexual harassment as defined in the law, or who cooperates in the commission thereof by another without which it would not have been committed.
Sexual Harassment in Employment Environment
There is sexual harassment if the sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of an individual. Also, there is sexual harassment if in granting said 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 an employee.
Sexual Harassment in Education/Training Environment
There is sexual harassment if the offender commits it against one who is under his/her care, custody or supervision or to one whose apprenticeship or tutorship is entrusted to him. It is also committed when the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprenticeship.
In addition, when the sexual favor is made a condition to giving of a passing grade or the granting of honors and scholarships, stipend, allowance, or other benefits, privileges or consideration, there is sexual harassment.
Duty of the Head of the Office
It is the duty of the employer or the head of any education or training environment to prevent or deter the commission of this act and to provide for the resolution, settlement or prosecution of the offender of sexual harassment. Otherwise, they may be held solidarily liable for damages arising from the act of sexual harassment.