Silence is not an option

Sexual harassment is a widespread concern and issue in the workplace. The prevalence of these incidents behooves employers to take decisive and prompt actions to investigate, prevent, and address harassment cases, and to ensure a safe environment for all employees. Recognizing the critical role that employers play, the Anti-Sexual Harassment Act (Republic Act No. 7877) and the Safe Spaces Act (Republic Act No. 1131) impose on employers certain duties and obligations, as well as consequences for inaction.

Briefly, RA 7877 mandates that employers are duty bound to: 1.) promulgate appropriate rules and regulations in consultation with and jointly approved by the employees, through their designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor; and, 2.) create a committee on decorum and investigation (CODI), which shall, among others, conduct meetings with officers and employees, to increase understanding and prevent incidents of sexual harassment, and conduct the investigation of cases constituting sexual harassment. Meanwhile, under RA 1131, employers or other persons of authority, influence, or moral ascendancy in a workplace shall have the duty to: 1.) post in a conspicuous place a copy of the law or disseminate the same to all persons in the workplace; 2.) provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-sexual harassment seminars; 3.) establish an independent internal mechanism or committee on decorum and investigation, which must  include representatives from the management, union (if any), supervisory employees, and the rank-and-file employees, to investigate and address gender-based sexual harassment complaints; and. 4.) provide and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy.

For failing to meet its duties and obligations, an employer may be held solidarily liable with the perpetrator for damages; fines may also be imposed. Furthermore, the employer may also be held liable for constructive dismissal.

The high regard afforded to the advocacy against sexual harassment in the workplace is highlighted by the fact that in a recent case (Buban vs. de la Peña, G.R. No. 268399, Jan. 24, 2024), the Supreme Court held that the employer is solidarily liable for acts of sexual harassment committed by its employee. This is rooted on the company’s failure to prevent the commission of acts of sexual harassment as well as its failure to provide procedures for the resolution of the acts complained of.

Here, the complainant filed a formal complaint with the Human Resources Department of the company against her team leader who made sexual advances, spewed vulgarities, and engaged in inappropriate physical contact with her. Regrettably, the complainant’s case was never heard, and no protective measures were afforded to her by the management. She was forced to continue working with the purported perpetrator, and, worse, her salary for the three days she refused to report to work was withheld. The employer also failed to create a CODI to promptly act upon the allegation of sexual harassment filed by the complainant. In view of the foregoing and as clearly provided under RA 7877, the company was found to be remiss in its duty, and, thus, was held solidarily liable with the erring employee for payment of damages arising from the acts of sexual harassment committed in the workplace.

In another case (LBC vs. Palco, G.R. No. 217101, Feb. 12, 2020), the employer was held liable for constructive dismissal due to the inordinate delay in addressing a sexual harassment complaint. In this case, the formal investigation commenced only 41 days after the incident was reported and another month had passed before it held an administrative hearing for the case. Worse, it took the company another two months to resolve the matter. The Supreme Court further ruled that, beyond the delay on the company’s part, statements suggesting that the case was weak or hard to prove without witnesses or physical evidence of force were highly insensitive to the employee-victim. Such insensitivity reinforces a hostile and offensive work environment, constituting grounds for constructive dismissal.

Finally, under RA 1131, employers who fail to fulfill their legal duties or to take action on reported acts of sexual harassment, may be fined from P5,000 to P15,000.

Considering the dire consequences, not to mention the importance and urgency of addressing this workplace — nay, societal — menace, silence or inaction is never an option for the employer. The Supreme Court aptly said in LBC: “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.”

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

Ma. Veronica S. Pine is an associate of the Labor and Employment department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

vspine@accralaw.com

8830-8000