M. Anti-Sexual Harassment Act (RA 7877)

Anti-Sexual Harassment Act (RA 7877)

Concept

The Anti-Sexual Harassment Act of 1995 declares sexual harassment unlawful in employment, education, and training environments. It protects the dignity of workers, employees, applicants for employment, students, and persons undergoing training, instruction, or education. (Sec. 1, Rep. Act No. 7877)¹ (Sec. 2, Rep. Act No. 7877)²

Governing provisions

Section 3 defines work-, education-, and training-related sexual harassment. Section 4 assigns preventive and investigative duties to the employer or head of the office or institution. Section 5 provides for solidary liability for damages when the statutory conditions are met. (Sec. 3, Rep. Act No. 7877)³ (Sec. 4, Rep. Act No. 7877)⁴ (Sec. 5, Rep. Act No. 7877)⁵

Requisites / Rules

• The offender may be an employer, employee, manager, supervisor, employer’s agent, teacher, instructor, professor, coach, trainer, or another person with authority, influence, or moral ascendancy over another in the relevant environment. (Sec. 3, Rep. Act No. 7877)³
• The offender demands, requests, or otherwise requires a sexual favor. Acceptance of the demand, request, or requirement is not necessary. (Sec. 3, Rep. Act No. 7877)³
• In employment, Section 3 covers a sexual favor made a condition of hiring, continued employment, or favorable employment terms; discriminatory consequences of refusal; impairment of rights or privileges under existing labor laws; or an intimidating, hostile, or offensive work environment. (Sec. 3, Rep. Act No. 7877)³
• In education or training, the provision covers conduct against a person under the offender’s care, custody, or supervision, or one whose education, training, apprenticeship, or tutorship is entrusted to the offender. (Sec. 3, Rep. Act No. 7877)³

Distinctions

The employment rules address conditions and consequences affecting a person’s work, including a hostile work environment. The education and training rules expressly address the offender’s care, supervision, or entrusted instructional role. In either setting, the general definition requires a demand, request, or requirement for a sexual favor by a person with the specified authority, influence, or moral ascendancy. (Sec. 3, Rep. Act No. 7877)³

Key doctrines

An employer or head of office or institution must act to prevent or deter sexual harassment and provide procedures for its resolution, settlement, or prosecution. These duties include promulgating appropriate rules in consultation with, and with the joint approval of, employees, students, or trainees through their designated representatives, and creating a committee on decorum and investigation. Administrative sanctions do not bar prosecution in the proper courts. (Sec. 4, Rep. Act No. 7877)⁴

In an education-related case, the Court applied the Act to a professor who abused his moral ascendancy over students. The case also involved professional discipline of the professor as a lawyer. (Corporation v. . National Labor Relations Commission, A.C. No. 5900, 10 April 2019)⁶

Exceptions

Acceptance of the requested sexual favor is not a condition for sexual harassment under Section 3. Separately, solidary liability for damages under Section 5 arises when the offended party informs the employer or head of office or institution of the acts and no immediate action is taken. (Sec. 3, Rep. Act No. 7877)³ (Sec. 5, Rep. Act No. 7877)⁵

Bar tip

Identify the offender’s authority, influence, or moral ascendancy; the sexual favor demanded, requested, or required; and the applicable employment, education, or training setting. For Section 5 damages, check notice by the offended party and the absence of immediate action. (Sec. 3, Rep. Act No. 7877)³ (Sec. 5, Rep. Act No. 7877)⁵