Sexual harassment, sex, romances and immorality in the workplace

Today, after my breakfast with the archbishop, I shall be speaking before a distinguished audience of the country's top HR executives, directors, managers, specialists and generalists in the PMAP 60th National Convention on the topic of" The Laws On Sexual Harassment And Safe Spaces and How To Address Workplace Love, Romances, Sex and Immorality."

In one hour or so, I shall discuss two major laws and 17 Supreme Court decisions. The HR managers want to know what would be the legal, just and appropriate management interventions, both proactive and reactive, both legalistic and behavioral, as a response to the emerging trends of many managers, supervisors, executives and business owners who use their economic and financial powers, as well as their managerial prerogatives and executive privileges in order to solicit, demand or request sexual favors from hapless victims who might be both, female, male, LGBT and otherwise. It is expected that this session will be jam packed as most of the delegates want to take home concrete solutions to these emerging phenomena in the workplaces.

In five minutes, I shall give an overview of RA 7877 which is still vintage 1995. It is a good law but it is too weak and limited in scope and too light in penalties. This law, known as the Anti Sexual Harassment Law of 1995 penalizes only requests or impositions by superiors over subordinates for sexual favors. And the application is limited only to the workplace and to schools and training centers. In 2018, president Rodrigo Duterte, once of the most decent and prim and proper presidents we ever had, signed into law, RA 11313 which penalizes cursing in public, commenting improperly about women and making lewd and dirty jokes that are gender-directed. This was called the "Bawal Bastos Law." The former president is now an ordinary citizen. He better be careful with his words and demeanor. He has no more presidential immunity.

This law, called the Safe Spaces Act, penalizes not only requests for sexual favor by superiors. Even subordinates today can be prosecuted for subjecting his or her superior to any gender-based sexual harassment, which includes intrusive and lascivious looks directed at a woman, a man or an LGBTQIA +++. The law punishes with imprisonment all gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance, relentless requests for personal details, statement of sexual comments and suggestions.

RA 11313 also penalizes exhibitionists for public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based streets and public spaces sexual harassment are those performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles. They include restaurants, theaters, and convention centers. Unlike RA 7778 which is limited to workplaces and schools, this new law is so encompassing and far-reaching.

The law also punishes with imprisonment all Gender-based online sexual harassment includes acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages, invasion of victim’s privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any unauthorized recording and sharing of any of the victim’s photos, videos, or any information online, impersonating identities of victims online or posting lies about victims to harm their reputation, or filing, false abuse reports to online platforms to silence victims.

It will be an intensive and extensive conversation and my research includes 17 decided cases including two which happened here in Cebu. It should have been nice if you were there to listen and to participate.