Sexual Harassment in the Workplace

Sexual Harassment in the workplace can be committed by anyone

Sexual harassment in the workplace remains a pervasive issue in the Philippines, cutting across industries, professions, and hierarchies. While many still associate such misconduct with superiors abusing their authority, the law and jurisprudence recognize that sexual harassment can be committed by anyone—supervisors, peers, subordinates, and even non-employees—against any person in the work environment. The evolving legal landscape, particularly with the passage of the Safe Spaces Act, underscores the urgent need for vigilance, accountability, and a culture of respect in every workplace.

Expanding the Scope of Accountability

The Anti-Sexual Harassment Act of 1995 (RA 7877) was the Philippines’ first comprehensive law addressing sexual harassment in employment, education, and training settings. It defines sexual harassment as any demand, request, or requirement of a sexual favor by a person in authority, influence, or moral ascendancy over another, regardless of whether the victim submits to or rejects the advance. The law covers acts that make sexual favors a condition for employment, promotion, or benefits, or that create an intimidating, hostile, or offensive environment for the employee.

“Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer... or any other person who, having authority, influence or moral ascendancy over another... 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.”— RA 7877, Sec. 3; see also Escandor v. People (2020)

The Safe Spaces Act (RA 11313), also known as the “Bawal Bastos Law,” further broadened the definition and scope of sexual harassment. It recognizes that such acts can be committed not only by superiors but also by peers and subordinates, and may occur in physical, online, or virtual workspaces. The law explicitly penalizes unwelcome sexual advances, requests for sexual favors, and other acts of a sexual nature that create a hostile or humiliating environment, regardless of the perpetrator’s rank.

“The crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate...”— RA 11313, Sec. 16

Real-World Examples

Philippine courts have consistently affirmed that sexual harassment is not limited to overt demands for sexual favors. In Escandor v. People (2020), the Supreme Court upheld the conviction of a government official who engaged in inappropriate touching, suggestive messages, and other unwelcome acts, emphasizing that such behavior creates a hostile work environment even without explicit demands.

In Rojas v. Quiambao (2024), the Supreme Court disbarred a lawyer for multiple acts of sexual harassment, including gestures with lewd insinuation, lurid remarks, and the use of sexually suggestive materials. The Court stressed that any act or conduct of a sexual nature for purposes of sexual gratification, which is generally annoying, disgusting, or offensive to the victim, constitutes sexual harassment.

Examples of Sexual Harassment by Different Types of People

• By a Superior: A manager repeatedly asks a subordinate out on dates, sends inappropriate messages, or makes employment benefits contingent on sexual favors (Escandor v. People (2020); RA 7877, Sec. 3).

• By a Peer: An employee makes unwelcome sexual jokes, touches a colleague inappropriately, or shares explicit images in a group chat (RA 11313, Sec. 16).

• By a Subordinate: A junior staff member sends sexually suggestive messages to a supervisor or makes offensive remarks, creating a hostile environment (RA 11313, Sec. 16).

• By Non-Employees: Contractors, clients, or visitors who engage in unwelcome sexual conduct within the workplace may also be held liable under the Safe Spaces Act (RA 11313, Sec. 16).

The Call to Action

Sexual harassment is not about sexual desire—it is about power, control, and the violation of another’s dignity. The law is clear: all forms of sexual harassment, regardless of the perpetrator’s position, are prohibited and punishable. Employers are mandated to adopt policies, conduct training, and establish mechanisms for reporting and addressing complaints.

Every member of the workplace community must be vigilant and proactive in fostering a culture of respect and accountability. Let us work together to ensure that our workplaces are truly safe spaces for all.

References:

• RA 7877 (1995)

• RA 11313 (2019)

• Escandor v. People (2020)

• Rojas v. Quiambao (2024)

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, this article may not reflect the most current legal developments or interpretations. Readers are encouraged to consult with a legal counsel for advice regarding their specific legal issues or concerns. The authors and publishers of this article disclaim any liability for actions taken or not taken based on the content of this article.