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Management’s duty regarding Sexual Harassment |
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Management is fully aware that the law, specifically the Anti-Sexual Harassment Act of 1995 ( R.A. 7877; full text), provides for criminal sanctions or penalties for acts constituting sexual harassment. Management may not be aware, however, that the law also requires the employers or the head of the covered institutions to prevent or deter the commission of acts of sexual harassment and to provide for procedures for resolution, settlement or prosecution of acts of sexual harassment. Management or employers are required to:
(b) In an education or training environment, sexual harassment is committed:
(1) Against 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, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
The crime of sexual harassment is punishable by imprisonment of not less than 1 month nor more than 6 months, and/or a fine of not less than P10,000.00 nor more than P20,000.00.
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