Author Topic: What is sexual harassment?  (Read 2569 times)

hubag bohol

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What is sexual harassment?
« on: November 11, 2014, 02:20:39 PM »
Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In most modern legal contexts, sexual harassment is illegal. As defined by the US EEOC, "It is unlawful to harass a person (an applicant or employee) because of that person’s sex." Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

The legal definition of sexual harassment differs by jurisdiction. Sexual harassment is subject to a directive in the European Union.

Where laws surrounding sexual harassment exist, they generally do not prohibit simple teasing, offhand comments, or minor isolated incidents. In the workplace, harassment may be considered illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted, or when the victim decides to quit the job). The legal and social understanding of sexual harassment, however, varies by culture.

In the context of US employment, the harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer, and harassers or victims can be either male or female.

It includes a range of actions from mild transgressions to sexual abuse or sexual assault. Sexual harassment is a form of illegal employment discrimination in many countries, and is a form of abuse (sexual and psychological) and bullying. For many businesses and other organizations, preventing sexual harassment, and defending employees from sexual harassment charges, have become key goals of legal decision-making. -Wiki

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hubag bohol

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Re: What is sexual harassment?
« Reply #1 on: November 11, 2014, 02:22:07 PM »
Situations

Sexual harassment may occur in a variety of circumstances—in workplaces as varied as factories, academia, Hollywood and the music business. Often, but not always, the perpetrator is in a position of power or authority over the victim (due to differences in age, or social, political, educational or employment relationships) or expecting to receive such power or authority in form of promotion. Forms of harassment relationships include:

The perpetrator can be anyone, such as a client, a co-worker, a parent or legal guardian, relative, a teacher or professor, a student, a friend, or a stranger.

The victim does not have to be the person directly harassed but can be a witness of such behavior who finds the behavior offensive and is affected by it.

The place of harassment occurrence may vary from school, university, workplace and other.

There may or may not be other witnesses or attendances.

The perpetrator may be completely unaware that his or her behavior is offensive or constitutes sexual harassment or may be completely unaware that his or her actions could be unlawful.

The incident can take place in situations in which the harassed person may not be aware of or understand what is happening.

The incident may be one time occurrence but more often it has a type of repetitiveness.

Adverse effects on the target are common in the form of stress and social withdrawal, sleep and eating difficulties, overall health impairment, etc.

The victim and perpetrator can be any gender.

The perpetrator does not have to be of the opposite sex.

The incident can result from a situation in which the perpetrator thinks they are making themselves clear, but is not understood the way they intended. The misunderstanding can either be reasonable or unreasonable. An example of unreasonable is when a woman holds a certain stereotypical view of a man such that she did not understand the man’s explicit message to stop.

With the advent of the Internet, social interactions, including sexual harassment, increasingly occur online, for example in video games.

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islander

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Re: What is sexual harassment?
« Reply #2 on: November 11, 2014, 06:02:22 PM »
in the philippines...


REPUBLIC ACT NO. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES

also known as the Anti-Sexual Harassment Act of 1995

for the whole text, the link: http://www.ecop.org.ph/downloads/presentations/march20/RA-7877-Anti-Sexual-Harassment-Law.pdf

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Re: What is sexual harassment?
« Reply #3 on: November 11, 2014, 06:04:48 PM »
other related philippine laws:

Republic Act 8353: Anti-Rape Law of 1997

Republic Act 9208: Anti-Trafficking in Persons Act of 2003

Republic Act 9292: Anti-Violence Against Women and Children (VAWC) Act of 2004


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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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chicogon

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Re: What is sexual harassment?
« Reply #4 on: November 12, 2014, 09:14:17 AM »
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hubag bohol

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Re: What is sexual harassment?
« Reply #5 on: November 12, 2014, 03:54:14 PM »
Penalty?

Depends on the gravity of the offence.

Ginagmay - litkan.
Dinagko - putlan.

;D

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Re: What is sexual harassment?
« Reply #6 on: November 12, 2014, 05:59:29 PM »
Depends on the gravity of the offence.

Ginagmay - litkan.
Dinagko - putlan.

;D

ngeeeh.  unsa man ang diperensya sa ginagmay ug dinagko?  it's as if you're saying that there's such a thing as a half-virgin.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79239.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: What is sexual harassment?
« Reply #7 on: November 12, 2014, 07:08:15 PM »
Penalty?

gi-research and share gyod ni nako kay interesado sad ko...


REPUBLIC ACT NO. 7877 (Anti-Sexual Harassment Act of 1995)

SEC. 7. Penalties

Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79239.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: What is sexual harassment?
« Reply #8 on: November 12, 2014, 07:22:11 PM »
REPUBLIC ACT 8353 (Anti-Rape Law of 1997)

Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
 
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
 
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.
 
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.
 
When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death.

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: What is sexual harassment?
« Reply #9 on: November 12, 2014, 07:22:58 PM »
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
 
l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
 
2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
 
3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;
 
4) When the victim is a religious engaged in legitimate religious vocation or calling and  is personally known to be such by the offender before or at the time of the commission of the crime;
 
5) When the victim is a child below seven (7) years old;

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: What is sexual harassment?
« Reply #10 on: November 12, 2014, 07:23:54 PM »
6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
 
7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;
 
8 ) When by reason or on the occasion of the rape, the  victim has suffered permanent physical mutilation or disability;
 
9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
 
10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.
 
Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79239.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: What is sexual harassment?
« Reply #11 on: November 12, 2014, 07:24:41 PM »
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal.
 
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
 
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.
 
When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.
 
Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79239.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: What is sexual harassment?
« Reply #12 on: November 12, 2014, 07:28:25 PM »
REPUBLIC ACT 9208 (Anti-Trafficking in Persons Act of 2003)

Act                                         Penalty

Acts of Trafficking:  20 years imprisonment and a fine of P1 - 2M

Acts that Promote Trafficking:  15 years imprisonment and a fine of  P500,000 - 1M

Qualified Trafficking:  Life imprisonment and a fine of P2 - 5M

Use of Trafficked persons:  first offense - 6 months community service and a fine of P50,000; second and subsequent offenses - 1 year  imprisonment and a fine of P100,000

OTHER PENALTIES

•   If offender is a club or  an organization, penalty shall be imposed upon the owner, president, partner or manager who has knowingly permitted and did not prevent the commission of the crime

•   SEC licenses and registration of offending clubs or organizations shall be revoked permanently

•   If the offender is a foreigner: Deportation after serving his/her sentence and permanent barring from entering the country

•   If the offender is an employee or government official: dismissal from service; barred permanently to hold public office; forfeiture of all retirement benefits

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79239.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: What is sexual harassment?
« Reply #13 on: November 12, 2014, 07:32:28 PM »
REPUBLIC ACT 9292 (Anti-Violence Against Women and Children [ VAWC ] Act of 2004)

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: What is sexual harassment?
« Reply #14 on: November 12, 2014, 07:33:15 PM »
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: What is sexual harassment?
« Reply #15 on: November 12, 2014, 07:33:47 PM »
If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

-various online sources

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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chicogon

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Re: What is sexual harassment?
« Reply #16 on: November 13, 2014, 02:18:54 AM »
Depends on the gravity of the offence.

Ginagmay - litkan.
Dinagko - putlan.

;D

Bwahahaha. Uyon ka ani Madam Isle? >:(

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chicogon

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Re: What is sexual harassment?
« Reply #17 on: November 13, 2014, 02:22:21 AM »
ngeeeh.  unsa man ang diperensya sa ginagmay ug dinagko?  it's as if you're saying that there's such a thing as a half-virgin.

Hehehe as varied tingale as half-awake, half-asleep, or hal-developed brain or personality agiwwwww

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chicogon

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Re: What is sexual harassment?
« Reply #18 on: November 13, 2014, 02:25:27 AM »
Kaingon tingali uban iro sila o sunoy binuhian... o penguin mo recycle ug mate. Wa pa ma developed ila sense ug being intelligent human hehehe. Mao na sila addressed as... not gentlemen but "animal ka!" :P

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chicogon

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Re: What is sexual harassment?
« Reply #19 on: November 13, 2014, 02:28:14 AM »
Kanang uban tandugon pod... gamayng wine o bahalina mauwagan to the maxna. Uban pod droga. Don't we need to get to the source of the problem? LoL

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Re: What is sexual harassment?
« Reply #20 on: November 13, 2014, 05:56:15 PM »
Bwahahaha. Uyon ka ani Madam Isle? >:(

half-half ko ani, fr chic.  unsa pa may punishment intawon sa repeat offender?  wa nay putlon kun giputol na. ;D 8)

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79239.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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