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Tuesday, October 9, 2012

Sexual Harassment: Duties of Superiors

Employers and heads of training/educational institutions are obligated to prevent and deter sexual harassment and, in the event of a violation, provide procedures for resolution, settlement as well as prosecution of the acts of sexual harassment.

Consequently, the following things must be done:

1.) Promulgate the appropriate rules and regulations prescribing the procedure for investigating sexual harassment cases and the administrative sanctions. They shall form part of the guidelines and proper decorum in the workplace or educational/training institution. These must be done in consultation with and jointly approved by the employees or students/trainees through their duly appointed representatives. 

Note: Administrative sanctions will not bar the victim from filing suit in court.

2.) Create a committee on decorum and sexual harassment. The committee shall conduct meetings with officers, employees, teachers, instructors, coaches, trainers and students -as the case may be- to increase awareness and prevention of incidents of sexual harassment. It is also tasked to investigate cases constituting sexual harassment.

For a work-related environment, the committee shall be composed of at least 1 representative each from the management, union (if any,) supervisory employees and rank-and-file employees.

For a training/educational institution, it must be composed of at least 1 representative from the administration, trainers, teachers, professors, coaches, or instructors and students/trainees as the case may be.

The employer or administration of the training/educational institution is required to disseminate or post a copy of the law on sexual harassment for the information of all concerned.

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