Sexual Harassment: Definition and Elements

Sexual harassment in RA 7877 happens when sexual favors are demanded, requested or otherwise required of a person by another who is a teacher, employer, manager, supervisor, trainer, coach, instructor, professor or has any form of authority, moral ascendancy or influence over the former. It doesn't matter if the request, demand or requirement was accepted or not. Also, the person requiring sexual favors doesn't necessarily have to be an immediate superior; and if the offender is another employee, he must belong to a position higher than the victim's. It could also be someone in authority and the person being harassed is someone who needs the former's approval or actions.

Elements:

1.) The offender is an employer (or employee of higher rank,) manager, supervisor, trainer, agent of the employer, teacher, instructor, professor, coach or any other person with authority, influence or moral ascendancy over the victim

2.) The authority, influence or moral ascendancy exists in a working environment (in case of a work-related category)

3.) The person in #1 requires, demands or requests a sexual favor from the victim

RA 7877 divides sexual harassment into 2 categories: work-related and education/training related.

Work-related 

1.) The sexual favor is made as a condition in the hiring, employment, re-employment or continued employment  of the victim. It could also be made as a condition for granting favorable compensation, terms and conditions, promotions or privileges. The refusal of the sexual favor could result in the limiting, segregating or classifying the victim in such a way that could discriminate against him/her, deprive/diminish employment opportunities or otherwise affect him/her adversely.

2.) The acts in question would impair the victim's rights and privileges under existing labor laws.

3.) The acts in question could result in an intimidating, hostile or offensive environment for the victim.

Education/training-related

1.) The victim is either (a.) under the offender's care, custody or supervision or (b.) his/her education, training, tutorship or apprenticeship is entrusted to the offender.

2.) The sexual favor is made as a condition for the giving of a passing grade, the granting of honors and scholarships or the payment of a stipend, allowance or other benefits, privileges or consideration.

3.) The sexual advances result in an intimidating, hostile or offensive environment for the victim.