More on sexual harassment: When is There Sexual Harassment on a Work-Related or Employment Environment?
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Sexual Harassment is a form of misconduct that undermines employment relationship
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Work-related sexual harassment can be committed by any person who has authority, influence or moral ascendancy over another in a work environment
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Sexual harassment requires any sexual favor from the other
Misconduct is a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer.
For a better understanding, let us take the case of Gonzales vs. Serrano, G.R. No. 175433, March 11, 2015.
In this case, Serrano filed a case for grave misconduct, sexual harassment and acts of lasciviousness against Gonzales, her direct superior. The filing was triggered when Gonzales forcefully kissed Serrano in the presence of her co-employees and other customers when they had a lunch at a restaurant.
For his part, Gonzales stated that at the prodding of his staff, he agreed to treat them for lunch as Serrano had no money for a “blowout”. While their group were talking in the restaurant, he greeted Serrano and planted an innocent birthday greeting kiss on he left cheek. He further stated that on one occasion, he invited Serrano to explain the complaints forwarded by the Personnel and Administrative Division as to her frequents absence and tardiness and that his act of reviewing her official functions was in accordance with his duties and responsibilities as legal counsel of Philippine Racing Commission (PHILRACOM).
As a response, Serrano stated that she never solicited any favor from Gonzales, let alone obliged him to spend money for her birthday “blowout”; that his birthday lunch treat was part of his plan to have her submit to his sexual desire; that in the course of her employment with Gonzales as her supervisor, he had often made sexual advances and gestures towards her, but she still tried to keep their relationship on a strictly professional level; that the alleged work-related incidents of tardiness, inefficiency and laziness were all intended to harass her; and that because of the administrative case she filed against him, she lost her job.
In our previous articles on sexual harassment, it was discussed that sexual harassment is form of misconduct that undermines employment relationship and that it can be committed by any person who has authority, influence or moral ascendancy over another in a work environment.
Is there a sexual harassment in the above-mentioned case?
The Supreme Court says:
Yes.
Gonzales clearly used his position and authority as well as his moral ascendancy, to elicit sexual favors and to indulge in sexual malicious acts from his female subordinate. Also, the Supreme Court ruled that the sexual harassment committed by Gonzales falls under less grave offenses which is analogous to “unwanted touching or brushing against a victim’s body”, and to “derogatory or degrading remarks or innuendos directed toward the members of one sex” under Civil Service Commission Resolution (CSC) No. 01-0940.
Under Section 53 of Civil Service Commission Resolution (CSC) No. 01-0940, the following are classification of acts of sexual harassment:
A. Grave Offenses shall include, but are not limited to:
1. Unwanted touching of private parts of the body;
2. Sexual assault;
3. Malicious touching;
4. Requesting for sexual favor in exchange for employment, promotion,
local or foreign travels, favorable working conditions or assignments, a passing grade, the granting of honors or scholarship, or the grant of benefits or payment of a stipend or allowance, and
5.other analogous cases.
B. Less Grave Offenses shall include, but are not limited to:
1. Unwanted touching or brushing against a victim’s body;
2. Pinching not falling under grave offenses;
3. Derogatory or degrading remarks or innuendoes directed toward the
members of one sex, or one’s sexual orientation or used to describe a person;
4. Verbal abuse with sexual overtones; and
5. Other analogous cases.
C. The following shall be considered Light Offenses:
1. Surreptitiously looking or staring a look of a person’s private part or
worn undergarments;
2. Telling sexist/smutty jokes or sending these through text, electronic
mail or other similar means, causing embarrassment or offense and carried out after the offender has been advised that they are offensive or embarrassing or, even without such advise, when they are by their nature clearly embarrassing, offensive or vulgar;
3. Malicious leering or ogling;
4. The display of sexually offensive pictures, materials or graffiti;
5. Unwelcome inquiries or comments about a person’s sex life;
6. Unwelcome sexual flirtation, advances, propositions;
7. Making offensive hand or body gestures at an employee;
8. Persistent unwanted attention with sexual overtones;
9. Unwelcome phone calls with sexual overtones causing discomfort,
embarrassment, offense or insult to the receiver; and
10. Other analogous cases.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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