House OKs expanded anti-sexual harassment bill

The House of Representatives has approved on third and final reading a bill that seeks to expand the definition of sexual harassment and strengthen mechanisms to monitor policy compliance against these cases in the workplace and educational institutions.

With 162 affirmative votes, zero negative votes and zero abstentions, the chamber on Monday approved House Bill 8224, or the proposed "Expanded Anti-Sexual Harassment Act," which primarily aims to uphold women's rights and protect their well-being in the workplace and in schools where discrimination against them is common.

Under the bill, sexual harassment is defined as "an act, which may be committed physically, verbally, visually or with the use of information and communications technology, including any other means, that would result in an intimidating, hostile, or offensive environment for the victim. This is regardless if the act is done within or outside the place of employment, training, or education."

The measures requires the employer or head of office in a company, school or training institution to implement a comprehensive written policy on sexual harassment, which lays out the procedure for investigations of such cases and the corresponding sanctions.

At the same time, the employer or head of office should also promulgate appropriate rules and regulations, create a Committee on Decorum and Investigation (CODI) within one year of the agency’s existence or initial operations, and resolve cases within 15 days from the submission by the CODI of its report to the disciplining authority.

The CODI will be tasked to undertake the following:

• receive complaints of sexual harassment;
• investigate the complaints;
• constitute a hearing committee for every case;
• submit a report with a corresponding recommendation for decision within a non-extendible period of 30 days;
• lead in the conduct of discussions within the institution to increase understanding of sexual harassment and prevent its incidents; and
• provide security and support measures to the victims, among others.

The employer or head of office will be liable for the damages rising from acts of sexual harassment, as well as if they are presumed to have knowledge of such acts and did not do anything about them.

Violators of the provision of the law will be penalized with one to six months, or by a fine of P50,000 to P200,000.

At the same time, anyone who violates the right to privacy of the victim during investigation, prosecution, and trial of any offense under the measure would be slapped with a fine of P20,000 to P50,000.

Gabriela Women's Party Representative Emmi de Jesus on Tuesday welcomed the approval of the expanded anti-sexual harassment bill.

“The overhaul of the Anti-Sexual Harassment Law or RA 7877 is long overdue as the current law lags behind the evolving forms of sexual harassment and with current penalties weak enough to act as deterrent. With a new anti-sexual harassment law, we hope to address the current loopholes,” de Jesus said.

“Unwanted sexual advances in social media will now be sanctioned under the measure, as well sexual abuses outside of the place of employment, training or schools. This is a huge gap under RA 7877 which we really need to address,” she added. —KG, GMA News