LESSON 21 UNDERSTANDING SEXUAL HARASSMENT.pptx

UNDERSTANDING SEXUAL HARASSMENT

1. UNDERSTANDING SEXUAL HARASSMENT

2. Sexual Harassment It i s an act or a series of acts involving any unwelcome sexual advance, request, or demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed by a government employee or official in a work-related, training, or education-related environment. This module explains the various theoretical perspectives on Sexual Harassment. Also, this module discusses the laws of the Philippines on Sexual Harassment in the academe and in the workplace. At the end of this module, you are expected to:

3. Intr oduction Sexual Harassment Harassment and sexual harassment are recognized as a form of discrimination on the grounds of sex and, thus, are contrary to the principle of equal treatment between men and women (Numhuser-Henning and Laulom 2012). Like many other crimes, sexual harassment is all about power, control, and domination. International Labor Organization (ILO) (2001) defined sexual harassment as a sex-based behavior that is unwelcome and offensive to the recipient.

4. In the Philippines, Republic Act No. 7877 or the "Anti-Sexual Harassment Act of 1995" defines work-, education-, or training-related sexual harassment is committed by an 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 the other, regardless of whether the demand, request, or requirement for submission is accepted by the object of said Act.

5. THEORETIC AL PERSPECTIVES OF SEXUAL HARASSMENT Sexual harassment cannot be understood from the perspective of a single theory, but it is always a combination of different predictors. However, there have been five widely accepted theories of sexual harassment that attempt to explain the phenomenon from different angles and perspective, to wit: 1. Natural/Biological Theory According to this model, men have stronger sex derives, and are therefore, biologically motivated to engage in sexual pursuit of women. Thus, the harassing behavior is not meant to be offensive or discriminatory, but is merely the result of biological urges. Its assumptions include a natural, mutual attraction between men and women, a stronger male sex drive, and men in the role of sexual initiators.

6. 2. Sex Role Spillover Theory This theory is based on the proposition of irrelevant gender-based role expectations that individuals bring to the workplace in guiding their interactions with women. Men hold role perceptions of women based on their traditional role in our culture. When women take jobs outside of these traditional areas to work in the male dominated workplace, men rely on these gender-based expectations when interacting with women therefore, perceiving women in their gender role over and above their work role. 3. Organizational Theory Proponents of this theory propose that one of the central concepts that helps to explain sexual harassment is power (Cleveland and Kurst 1993). This theory proposes that sexual harassment results from the opportunities presented by power and authority relations which derive from hierarchical structures of organizations (Gruber 1992).

7. 4. Socio-cultural Theory Socio-Cultural theories examine the wider social and political context in which sexual harassment is created and occurs. According to this perspective, sexual harassment is a logical consequence of the gender inequality and sexism that already exists in society (Gutek 1985; Thomas and Kitzinger 1997). Herein, sexual harassment is only one manifestation of a much larger patriarchal system in which men are the dominant group reflecting the larger society's differential distribution of power and status between the sexes. The perpetrators of sexual harassment have no regard for women as an equal human being. Therefore, molesting women is a part and parcel of male idea of fun in the society.

8. 5. Feminist Theory According to the feminist perspective, sexual harassment is linked to the sexist male ideology of male dominance and male superiority in the society. Therefore, feminists' theories view sexual harassment as the product of a gender system maintained by a dominant, normative form of masculinity. Thus, sexual harassment exists because of the views on women as the inferior sex, but also sexual harassment serves to maintain the already existing gender stratification by emphasizing sex role expectations (Gutek 1985).

9. Relevance of Sex ual Harassment Theories An interpretation of these theoretical perspectives reveals that both biologically, as well as socio-culturally, men happen to have always occupied a dominant position over women in societies, of which the workplaces are only a part. Therefore, the vulnerability of women as a weaker sex has traveled towards workplaces and academe, where it is considered natural and normal for men to be responding sexually towards women as colleagues, subordinates, and superiors.

10. Philippine Laws on Sexual Harassment Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995 (RA 7877), is the governing law for work-, education-, or training-related sexual harassment.

11. Specifically, 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 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; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. Philippine Laws on Sexual Harassment

12. Philippine Laws on Sexual Harassment On the other hand, in an education or training environment, sexual harassment is committed: (1) ag ainst 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, granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (4) when the sexual advances result in an intimidating, hostile, or offensive environment for the student, trainee, or apprentice.

13. Sexual Harassment in the Civil Service is punishable by Civil Service Commission No. 01-0940, also known as Administrative Disciplinary Rules on Sexual Harassment Cases. Here, sexual harassment can be committed a t the following places: in the premises of the workplace or office or of the school or training institution; in any place where the parties were found, as a result of work or education or training responsibilities or relations; at work-, education-, or training-related social functions; while on official business outside the office or school or training institution or during work, school-, or training-related travel; at official conferences fora, symposia, or training sessions; or by telephone, cellular phone, fax machine, or electronic mail. Sexual Harassment in the Civil Service

14. Sexual Harassment in the Civil Service The following forms of sexual harassment are committed thru: (1) Physical, (a) Malicious touching; (b) Overt sexual advances; (c) Gestures with lewd insinuation; (2) Verbal, such as but not limited to, (a) requests or demands for sexual favors and (b) lurid remarks; (3) Use of objects, pictures or graphics, letters, or written notes with sexual underpinnings; (4) Other forms analogous to the foregoing.

15. Sexual harassment constitutes an extremely important kind of violence which has been existing and rampant in the Philippines and worldwide. This complex concept consists of several theories and are punished by Philippine laws. The Philippine laws on sexual harassment punishes work-related, training, and education environment sexual harassment. It can happen everywhere. The acts of sexual harassment are also punishable by law. SUMMARY

16. QUIZ TIME!!!

17. What Philippine law is also known as the “Anti-Sexual Harassment Act of 1995”? Which theory explains sexual harassment as the result of biological urges, with men naturally having stronger sex drives? What Civil Service Commission rule punishes sexual harassment cases in the civil service? Which theory states that sexual harassment is a logical consequence of gender inequality and sexism that already exists in society? Who proposed the idea that sexual harassment results from power and authority relations in hierarchical organizations? QUIZ:

18. 6-10. Enumer a t e the f ive th e o retical p e rsp ecti v es that ex pla in sexual harassment . 11-16. L i s t the s i x p lace s or situations wher e sexual harassment in the civil ser v i c e can be committed und e r CSC N o . 01-0940. 17-18. Explain how does the Sex Role Spillover Theory explain sexual harassment in the workplace? 19-20. What are the forms of sexual harassment punishable under CSC No. 01-0940? (Give examples for Physical, Verbal, and Use of objects.) QUIZ

19. R epublic Act No. 7877, or the Anti-Sexual Harassment Act of 1995 (RA 7877) Natural/Biological Theory Civil Service Commission No. 01-0940 – Administrative Disciplinary Rules on Sexual Harassment Cases. Socio-Cultural Theory Cleveland and Kurst (1993) Natural/Biological Theory Sex Role Spillover Theory Organizational Theory Socio-Cultural Theory Feminist Theory QUIZ: Answer

20. 11-16.) In th e premises of the workplace or office or of the school or training institution; In any place where the parties were found, as a result of work or education or training responsibilities or relations; At work-, education-, or training-related social functions; While on official business outside the office or school or training institution or during work, school-, or training-related travel; At official conferences fora, symposia, or training sessions; or By telephone, cellular phone, fax machine, or electronic mail. 17-18.) This theory suggests that men carry traditional gender-based role expectations into the workplace. Instead of recognizing women as professionals, men perceive them through stereotypical cultural roles 19–20.) Forms of Sexual Harassment under CSC No. 01-0940 (with examples): Physical – Malicious touching, overt sexual advances, gestures with lewd insinuations. Verbal – Requests or demands for sexual favors, lurid remarks. Use of objects – Displaying obscene pictures, graphics, letters, or notes with sexual content. QUIZ: Answer