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Sexual harassment is a widespread concern and serious issue in the workplace, obliging employers to investigate promptly and take decisive action addressing cases to ensure a safe environment for all employees.

Recognising the critical role that employers play in the Philippines, the Anti-Sexual Harassment Act (Republic Act No. 7877) and Safe Spaces Act (RA No. 11313) impose certain duties and obligations on employers, with consequences for inaction.

RA No. 7877 mandates that employers are duty bound to:

1. 1. Promulgate appropriate rules and regulations, in consultation with employees, prescribing the procedure for investigating sexual harassment cases and administrative sanctions if proven; and
   2. Create a committee on decorum and investigation (CODI) to arrange meetings between officers and employees to increase understanding of sexual harassment and prevent incidents.

Under RA No. 11313, employers or others of “authority, influence or moral ascendancy” have a duty to:

1. 1. Post a copy of the law in a conspicuous place, disseminated to all staff;
   2. Provide measures such as seminars on preventing gender-based sexual harassment;
   3. Establish an independent internal mechanism or committee on decorum and investigation, including representatives from the management, employees from the supervisory rank, rank-and-file employees and union, if any, to investigate and address complaints; and
   4. Provide and disseminate a code of conduct or workplace policy in consultation with all employees.

Employers failing to meet these obligations may be held liable – along with the harassment perpetrator – for damages. Fines may also be imposed and the employer may be held liable for constructive dismissal.

The serious stance taken by courts against sexual harassment in the workplace was highlighted in Buban v de la Pe?a (2024), when the Supreme Court held that this employer was solidarily liable, sharing responsibility for sexual harassment committed by an employee. This was due to the company’s failure to both prevent the commission of acts of sexual harassment and provide procedures to resolve complaints.

In this case, a formal complaint was filed by an employee against her team leader, who made sexual advances, used vulgarities, and engaged in inappropriate physical contact against her.

Regrettably, her complaint was never heard and no protective measures were afforded to her by management. She was forced to continue working with the perpetrator, and her salary was even withheld for the three days that she refused to report to work. The employer also failed to create a CODI to promptly act on the complaint.

Found remiss in its duty under RA No. 7877, the company was duly held solidarily liable, along with the erring employee, for payment of damages.

In another case – LBC v Palco (2020) – the employer was held liable for constructive dismissal due to an inordinate delay in addressing a sexual harassment complaint. In this case, a formal investigation began only 41 days after the incident was reported, and another month passed before an administrative hearing was held. Worse, it took the company another two months to resolve the matter. The Supreme Court further ruled that, beyond this delay, statements suggesting that the harassment case was weak or hard to prove without witnesses, or physical evidence of force, were highly insensitive to the employee-victim. Such insensitivity reinforced a hostile and offensive work environment, constituting grounds for constructive dismissal.

Finally, under RA No. 11313, employers who fail to fulfill their legal duties or act on reported sexual harassment may be fined from PHP5,000 (USD85) to PHP15,000 (USD250).

As the Supreme Court noted in the LBC case: “Indifference to complaints of sexual harassment victims may no longer be tolerated. Recent social movements have raised awareness on the continued prevalence of sexual harassment, especially in the workplace, and has revealed that one of the causes of its pervasiveness is the lack of concern, empathy and responsiveness to the situation. Many times, victims are blamed, hushed and compelled to accept that it is just the way things are, and that they should either just leave or move on.”

Considering the dire consequences, not to mention the importance and urgency of addressing this workplace and societal menace, silence or inaction is never an option for the employer.

This article first appeared in the Philippines newspaper, Business World.

The views and opinions expressed are those of the author. This article is for general informational and educational purposes only. It is not offered as, and does not constitute, legal advice or legal opinion.

Veronica S Pine is an associate of the labour and employment department at ACCRALAW

ACCRALAW
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Contact details:
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