Sexual Harassment in the Work Environment, R.A. No. 7877; Safe Spaces Act, R.A. No. 11313, Article IV | LABOR STANDARDS

Below is a comprehensive, detailed, and structured exposition on sexual harassment in the Philippine work environment, focusing primarily on Republic Act (R.A.) No. 7877 (the “Anti-Sexual Harassment Act of 1995”) and the expanded provisions under the Safe Spaces Act (R.A. No. 11313), particularly Article IV, which outlines the duties and responsibilities of employers and other persons of authority in the workplace.

I. INTRODUCTION

Sexual harassment in the workplace is a significant labor and social issue in the Philippines. Historically, R.A. No. 7877, enacted in 1995, was the first major piece of legislation specifically addressing sexual harassment in employment, education, and training environments. However, this law had limitations, particularly its focus on hierarchical relationships (i.e., superior-subordinate). The passage of the Safe Spaces Act (R.A. No. 11313) in 2019 expanded the scope, definitions, and modes of addressing sexual harassment, ensuring a more inclusive, comprehensive, and victim-responsive framework. Article IV of the Safe Spaces Act mandates workplaces to adopt stricter and clearer policies against all forms of gender-based sexual harassment.

II. R.A. NO. 7877: ANTI-SEXUAL HARASSMENT ACT OF 1995

  1. Policy and Scope:

    • Declares it unlawful for any person who has authority, influence, or moral ascendancy over another in a work, training, or education environment to demand, request, or require sexual favors as a condition for employment, promotion, or favorable treatment, or to grant such favors in exchange for the same.
    • Coverage includes the workplace, educational, and training institutions. The central concept is the existence of a power imbalance: the harasser is typically a superior, employer, trainer, teacher, or any person having moral ascendancy over the victim.

  2. Definition of Sexual Harassment Under R.A. 7877:
    Sexual harassment is committed when:

    • A sexual favor is requested as a condition for hiring or employment, re-employment, or continued employment; or
    • A sexual favor is requested as a condition for granting favorable compensation, terms, conditions, promotions, or privileges; or
    • The refusal to grant sexual favors results in discrimination, dismissal, or loss of benefits; or
    • Conduct of a sexual nature that interferes with work performance, creates an intimidating, hostile, or offensive work environment.

  3. Criminal and Administrative Liability:

    • Those found guilty of sexual harassment under R.A. 7877 may be held criminally liable with penalties such as imprisonment and/or fines.
    • Employers or heads of offices have an obligation to prevent sexual harassment acts and may be held administratively liable if they fail to take appropriate action.

  4. Employer’s Duties Under R.A. 7877:

    • Establish policies and measures to prevent sexual harassment in the workplace.
    • Create a Committee on Decorum and Investigation (CODI) that is tasked to receive complaints, investigate promptly, and recommend appropriate sanctions.
    • Disseminate or post the company’s policy on sexual harassment where it is easily visible.
    • Impose sanctions on perpetrators according to the internal rules and in accordance with the law.

  5. Limitations of R.A. 7877:

    • The law’s language strongly implies a power dynamic (superior vs. subordinate). In practice, sexual harassment between co-employees of equal rank or even from a third party (e.g., client, contractor) was not as clearly addressed.
    • It focused mainly on “quid pro quo” forms of harassment (demanding sexual favors in exchange for something) and less on other subtle or pervasive forms of harassment that contribute to a hostile environment.

III. R.A. NO. 11313: THE SAFE SPACES ACT (2019)

  1. Policy and Rationale:
    The Safe Spaces Act (also referred to as the “Bawal Bastos” Law) is a more comprehensive anti-sexual harassment measure. It expands protection beyond the traditional work environment to cover all spaces—public, online, and private—and broadens the forms of harassment recognized by law. It departs from the strict hierarchical relationship required by R.A. 7877 and now includes harassment among peers, subordinates to superiors, and even third-party participants in the work setting.

  2. Key Innovations of the Safe Spaces Act:

    • Expanded Definition of Sexual Harassment: No longer restricted by moral ascendancy or authority. Any unwanted or uninvited sexual or gender-based conduct that causes fear, intimidation, or harassment is covered.
    • Coverage of All Forms of Harassment: Verbal, non-verbal, physical, online, and psychological forms of harassment are explicitly recognized.
    • Recognition of Gender-Based Harassment: Protects not just women, but all genders, including LGBTQIA+ individuals, ensuring a more inclusive approach.

  3. Article IV of R.A. 11313 (Duties of Employers and Persons in the Workplace): Article IV sets forth a clear and proactive mandate for employers, heads of offices, and persons of authority in the workplace to institute measures that prevent and address gender-based sexual harassment. Key provisions include:

    a. Mandatory Workplace Policies Against Gender-Based Sexual Harassment:
    Employers are required to:

    • Develop a comprehensive, written policy that covers the definition of gender-based sexual harassment, the range of prohibited acts, and the procedures for reporting, investigating, and resolving complaints.
    • The policy must be posted in conspicuous areas and made known to all employees.

    b. Creation of an Internal Mechanism for Redress:

    • A Committee on Decorum and Investigation (similar to that required by R.A. 7877) or a suitable mechanism must be established. This committee should be well-represented by employees across genders.
    • The committee must maintain confidentiality, ensure a fair and impartial investigation, and resolve complaints swiftly.

    c. Conduct of Education, Training, and Seminars:

    • Employers must provide regular education and training programs on the prevention of sexual harassment. This includes orientation for new hires and ongoing seminars or workshops on recognizing and preventing harassment, understanding how to report it, and how to respond appropriately.
    • Companies should integrate gender sensitivity and respectful workplace conduct into their employee training and corporate culture.

    d. Provision of Support Services and Assistance to Victims:

    • Employers must ensure that victims have access to psychological counseling, referrals to legal services, and other forms of support as may be necessary.
    • They must ensure that victims or witnesses who come forward are protected from retaliation or any form of reprisal, thereby encouraging a culture of reporting and trust.

    e. Accountability Measures and Sanctions:

    • Policies must clearly define sanctions for offenders, which could include warnings, suspension, termination, or referral for criminal prosecution.
    • The law also provides the possibility of holding employers administratively liable if they fail to institute the required mechanisms or refuse to act on complaints.

  4. Relationship Between R.A. 7877 and the Safe Spaces Act:
    While both laws address sexual harassment, the Safe Spaces Act complements and updates the anti-sexual harassment framework, ensuring that:

    • The definition of harassment is broader.
    • The focus is not only on hierarchical relationships but also on peer-to-peer and subordinate-to-superior harassment.
    • Public and online spaces are also covered beyond the immediate confines of the traditional “workplace.”
    • Employers face more concrete and stringent obligations to implement policies, conduct training, and provide remedies.

  5. Criminal, Civil, and Administrative Aspects:
    Under the Safe Spaces Act, penalties are imposed on individuals who commit harassment. These can include fines and imprisonment depending on the severity and frequency of the offenses. For workplaces:

    • Failure to comply with Article IV obligations (e.g., no policy, no training) can lead to the imposition of administrative fines and sanctions against the company and responsible officers.
    • Victims may also resort to civil remedies for damages, especially if the harassment leads to mental anguish, loss of employment opportunities, or other harm.

  6. Implementing Rules and Regulations (IRR):
    The IRR of R.A. 11313, promulgated by the concerned government agencies (such as the Civil Service Commission, Commission on Human Rights, and Department of Labor and Employment), provide more detailed guidelines for employers on how to:

    • Draft compliant workplace policies.
    • Form the CODI or equivalent bodies.
    • Conduct investigations while respecting due process rights.
    • Ensure non-retaliation and confidentiality throughout the process.

IV. OBLIGATIONS UNDER THE LABOR CODE AND RELATED ISSUANCES

Although the Labor Code of the Philippines does not directly define or penalize sexual harassment, it has been complemented by these special laws and DOLE (Department of Labor and Employment) issuances. DOLE also has the authority, through its inspectors, to check compliance with occupational safety and health standards, which now broadly include the obligation to maintain a harassment-free environment.

For example, employers must also consider their obligations under the Occupational Safety and Health Standards law (R.A. No. 11058) and its IRR, which generally mandate the provision of a healthy and safe work environment. A safe environment is not limited to physical hazards but also includes psychological and social aspects—sexual harassment being a recognized psychosocial risk factor.

V. PRACTICAL COMPLIANCE MEASURES FOR EMPLOYERS

To fully comply with both R.A. 7877 and R.A. 11313, employers should:

  1. Draft or Update Company Policies: Ensure that internal policies explicitly prohibit all forms of sexual harassment, as defined by both R.A. 7877 and the Safe Spaces Act, and that they outline reporting procedures, investigatory steps, and sanctions.

  2. Form a Competent Committee on Decorum and Investigation:

    • The committee should have a balanced representation of genders.
    • The process must be confidential, fair, and efficient.
    • Training for the committee members on handling sensitive cases is crucial.

  3. Regular Trainings and Orientations:

    • Conduct gender-sensitivity workshops.
    • Include modules on sexual harassment prevention in new employee orientation.
    • Provide refresher courses regularly.

  4. Clear Complaint Procedures and Victim Support:

    • Establish user-friendly and accessible channels for reporting harassment.
    • Offer prompt and responsive victim support, including counseling and legal aid referrals if necessary.

  5. No Retaliation and Whistleblower Protection:

    • Policies must affirm that no retaliatory measures will be taken against complainants or witnesses.
    • Strict sanctions for retaliation must be enforced.

VI. ENFORCEMENT AND JURISPRUDENCE

  1. Enforcement Agencies:

    • The Department of Labor and Employment (DOLE) can inspect and check compliance.
    • The Civil Service Commission (CSC) covers government workplaces, where it has parallel requirements.
    • The Commission on Human Rights (CHR) can assist in monitoring and advocating compliance.

  2. Jurisprudence:

    • Philippine jurisprudence under R.A. 7877 has established that a finding of sexual harassment hinges on proof of moral ascendancy or influence. The Safe Spaces Act, however, reduces the necessity of such a showing.
    • Court decisions have reinforced that sexual harassment need not always be overtly sexual. It suffices that the complained-of act is of a sexual nature, unwanted, and creates a hostile environment.
    • Early cases focused on “quid pro quo” harassment, while more recent interpretations and the introduction of the Safe Spaces Act mean that “hostile environment” harassment is also robustly recognized.

VII. CONCLUSION

The evolution from R.A. No. 7877 to the Safe Spaces Act (R.A. No. 11313) represents a significant expansion and strengthening of Philippine laws against sexual harassment in the workplace. Today, employers must do more than simply prohibit overt acts of harassment by superiors; they must establish a culture of respect, create robust mechanisms for reporting and resolving complaints, protect victims and witnesses, and actively foster an environment where all forms of gender-based harassment are prevented, addressed, and penalized. The Safe Spaces Act’s Article IV compels Filipino employers to take active and continuous steps to ensure that the workplace is truly safe and free from all forms of sexual harassment.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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