Anti-Sexual Harassment Act and Safe Spaces Act (2).pptx

Anti-Sexual Harassment Act and Safe Spaces Act in the Workplace

1. REPUBLIC ACT NO. 7877 “Anti-Sexual Harassment Act of 1995” & REPUBLIC ACT NO. 11313 “Safe Spaces Act” Presented by: Jeliza e. Manaligod, jd Labor and employment officer iii Dole ncr -Quezon city field office

2. overview What is sexual harassment under ra 7877 How is work-related sexual harassment committed How is education or training-related sexual harassment committed duty of the employer or head of office in a work or education/training environment Liability of employer or head of office for inaction Penalties for offenders Where do we go for help

3. overview What does safe spaces act or anti Bastos law covers Gender-Based Sexual Harassment in Workplaces What are included in Gender-based sexual harassment in the workplace Victim’s recourse/actions for workplace GBSH  responsibilities of employers under the Safe Spaces Act penalties for the employers for inaction Penalties for offenders Other Salient Features Restraining Order Psychological and Counseling Services Exemptions Confidentiality Where do we go for help

4. Policy brief Ra 7877 The first law governing work-related sexual harassment cases Ra 11313 Supplements ra 7877 and provides mechanisms for the protection of both sexes in, virtually, all kinds of spaces (streets and public places, cyberspace, educational and training institutions and workplaces)

5. “The antI sexual harassment LAW” ra No. 7877, feb. 14, 1995 wet ork ducational raining Can be committed in the following Environments: Can be committed by person/s with: aim uthority nfluence oral Ascendancy

6. IT HAPPENS WHEN… The persons with “ a- i -m ” demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted or not by the object of said act.”

7. The essence of sexual harassment is abuse of power by the offender What the law aims to punish is the undue exercise of power and authority manifested through sexually charged conduct or one filled with sexual undertones

8. Richard Toliongco vs. Anglo-Eastern Crew Mgt.  (GR 231748, July 8, 2020)  The Supreme Court underscored that victims of sexual abuse usually take time before reporting to the proper authorities, more so if they are male as society has made it hard for male victims of sexual harassment to come out and report. “Our society has often depicted women as being the weaker sex, and the only victims of sexual harassment. It is high time that this notion is corrected. To consider women as the weaker sex is discriminatory. To think that only women can be victims of sexual harassment is discriminatory against men who have suffered the same plight; men who have been victimized by sexual predators,” the Court said. At its core, sexual harassment is not an issue of gender but an issue of power.

9. How is work-related sexual harassment committed in a work-related environment? The sexual favor is made as a condition in the hiring or in the employment, r e-employment or continued employment of said individual, or in granting said individual favorable compensation , terms, conditions, promotions , or privileges ; or 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

10. How is work-related sexual harassment committed in a work-related environment? The acts under item no. 1 would impair the employee’s rights or privileges under existing labor laws; or The acts would result in an intimidating, hostile or offensive environment for the employee.

11. Moreover… A person who directs or induces another person to commit any act of sexual harassment or who cooperates to commit the act, without which the said act would not have been committed, will also be held liable under the law .

12.   duty of the employer of head of office in a work or education/training environment : 1.   to prevent the occurrence of sexual harassment acts and to provide the procedures for the resolution , settlement or prosecution of sexual harassment Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or student or trainees, through their duly designated representatives. Said rules and regulations shall prescribe the procedures for the investigation of sexual harassment cases and the administrative sanctions thereof.

13. rules and regulations should include guidelines on proper decorum in the workplace and educational or training institutions. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment .

14. Can an offended party seek redress by taking an independent action? Yes , the offended party may take independent action for damages incurred in the act of sexual harassment. She/he may also avail of relief.

15. ARNOLD P. MOLLANEDA v. LEONIDA C. UMACOB, GR No. 140128, 2001-06-06

16. Three-fold liability for sexual harassment CRIMINAL LIABILITY Civil LIABILITY Administrative LIABILITY Can be filed simultaneously

17. 2. Create a Committee on Decorum and Investigation (CODI) of cases on sexual harassment. The committee shall conduct meetings or as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. also conduct the investigation It shall of alleged cases constituting sexual harassment.   duty of the employer of head of office in a work or education/training environment …

18. In the case of work-related environment , the committee shall be composed of at least one (1) representative each from : the management ; the union , if any; the employees from the supervisory rank ; and the rank and file employees .

19. Liability for inaction The employer or head of office , educational or training institution will be held liable for the damages arising from acts of sexual harassment if they are informed by the offended party of the occurrence of such acts, yet no action has been undertaken.

20. What are the penalties for offenders? 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.

21. When will the action prescribe? Any act arising from the violation of the provisions of this Act shall prescribe in three (3) years.

22. overview What does safe spaces act or anti Bastos law covers Gender-Based Sexual Harassment in Workplaces What are included in Gender-based sexual harassment in the workplace Victim’s recourse/actions for workplace GBSH  responsibilities of employers under the Safe Spaces Act penalties for the employers for inaction Penalties for offenders Other Salient Features Restraining Order Psychological and Counseling Services Exemptions Confidentiality Where do we go for help

23.  Safe Spaces Act ( Bawal Bastos Law) Republic Act No. 11313

24. What does the Safe Spaces Act cover? This law covers all forms of  gender-based sexual harassment  (GBSH) committed in: public spaces; educational or training institutions workplace; and online space.

25. an act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature: whether done verbally , physically or through the use of technology such as text messaging or electronic mail; or through any other forms of information and communication systems; that has or could have a detrimental effect on the conditions of an individual’s employment or education , job performance or opportunities ; Gender-Based Sexual Harassment in Workplaces

26. b. a conduct of sexual nature and other conduct based on sex affecting the dignity of a person, which is unwelcome, unreasonable , and offensive to the recipient , whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems; c. a conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient.

27. Workplaces: include all sites, locations, spaces, where work is being undertaken by an employee within or outside the premises of the usual place of business of the employer.

28. The Safe Spaces Act addresses these gaps by recognizing that sexual harassment can be committed between peers, or by a subordinate to a superior officer.

29. What can a victim of workplace GBSH do? file an administrative complaint with the Committee on Decorum and Investigation file a civil case File a criminal

30. What are the responsibilities of employers under the Safe Spaces Act? employers must: disseminate or post in a conspicuous place a copy of the law to all persons in the workplace; provide measures to prevent GBSH in the workplace, such as the conduct of anti-sexual harassment seminars;

31. develop and disseminate , in consultation with all persons in the workplace, a code of conduct or workplace policy which shall Expressly reiterate the prohibition on gender-based sexual harassment ; Describe the procedures of the internal mechanism; Set administrative penalties.

32. The  Code of Conduct  to be developed by the employer may provide for penalties to be imposed on members of the CODI in cases of non-performance or inadequate performance of functions – Sec. 32. Development of Code of Conduct, RA 11313 IRR.

33. The CODI to be established by the employer should: adequately represent the management, the employees from the supervisory rank, the rank-and-file employees, and the union/s or employee’s association if any; designate a woman as its head and not less than hal f of its members should be women; be composed of members who should be impartial and not connected or related to the alleged perpetrator;

34. investigate and decide on the complaints within ten (10) days or less upon receipt thereof; observe due process ; protect the complainant from retaliation without causing her/him any disadvantage, diminution of benefits or displacement without compromising his/her security of tenure; and  guarantee gender-sensitive handling of cases, and confidentiality to the greatest extent possible;

35. Other Salient Features Restraining Order Where appropriate, the court, even before rendering a final decision, may issue an order directing the perpetrator to stay away from the offended person at a distance specified by the court or to stay away from the residence, school, place of employment, or any specified place frequented  by the offended person

36. Other Salient Features Psychological and Counseling Services A victim of GBSH may avail of appropriate remedies as provided for under the law as well as psychological counseling services with the aid of the LGU and the DSWD (in coordination with the DOH).  Any fees to be charged in the course of a victim’s availment of such remedies or psychological counseling services and other services in consonance with R.A. No. 11036 or the Philippine Mental Health Law shall be borne by the perpetrator.

37. Exemptions Acts that are legitimate expressions of indigenous culture and tradition, as well as breastfeeding in public shall not be penalized under the SSA. Expressions of indigenous culture and tradition include, among others, the wearing of traditional attires of tribes or clans that may show partial nudity. Provided that, such expressions of indigenous culture and tradition do not discriminate against women, girls, and persons of diverse sexual orientation, gender identity, and expression.

38. Confidentiality The RA 11313 requires that at any stage of the investigation, prosecution, and trial of an offense under RA 11313, the rights of victim and the accused who is a minor shall be recognized; The law requires that confidentiality should be observed at all times by employers and heads of schools and training institutions in complaints to GBSH in their institutions.

39. Establishment’s responsibility Employers or other persons of authority, influence, or moral ascendancy in a workplace shall have the duty to prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace (sec. 19, Rule VI of the IRR, of ra 11313)

40. Continuation…

41. Continuation…