SEXUAL HARASSMENT POLICY – SAMPLE POLICIES AND PROCEDURES IN COMPLIANCE WITH DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) REQUIREMENTS

Sexual harassment refers to behavior that is not welcome, that is personally offensive, debilitates morale and, therefore, interferes with work effectiveness.

Such behavior may be in the form of unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexually oriented conduct which is offensive or objectionable to the recipient, including, but not limited to:

1. epithets
2. derogatory or suggestive comments,
3. slurs or gestures and
4. offensive posters, cartoons, pictures, or drawings.

The company will not tolerate any behavior that amounts to sexual harassment and any officer or employee found to have committed sexual harassment shall be subjected to disciplinary action, up to and including dismissal.

This is one of the mandatory policies of the DOLE. Below here is a sample policy for reference based on the HR Forms, Notices and Contracts Soft Copy Version (Form No. v), page 44. Get the Soft Copy Version here.

Form No. v            Sample Anti-Sexual Harassment Policy

ANTI-SEXUAL HARASSMENT POLICIES AND PROCEDURES OF

XYZ CORPORATION

STATEMENT OF LEGAL COMPLIANCE

In accordance with the provisions of Republic Act No. 7877, otherwise known as “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and For Other Purposes, the following policies and procedure are hereby issued by XYZ CORPORATION to prevent sexual harassment in its workplace and to provide the procedure for the resolution, settlement and/or disposition of sexual harassment cases.

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DECLARATION OF CORPORATE POLICY AGAINST SEXUAL HARASSMENT

XYZ CORPORATION (Company) believes that employees should be afforded the opportunity to work in an environment free of sexual harassment. Sexual harassment is a form of misconduct that undermines the employment relationship. No employee, either male or female, should be subjected verbally or physically to unsolicited and unwelcome sexual overtures or conduct.

NATURE OF SEXUAL HARASSMENT

Sexual harassment refers to behavior that is not welcome, that is personally offensive, debilitates morale and, therefore, interferes with work effectiveness.

Such behavior may be in the form of unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexually oriented conduct which is offensive or objectionable to the recipient, including, but not limited to:

1. epithets
2. derogatory or suggestive comments,
3. slurs or gestures and
4. offensive posters, cartoons, pictures, or drawings.

The company will not tolerate any behavior that amounts to sexual harassment and any officer or employee found to have committed sexual harassment shall be subjected to disciplinary action, up to and including dismissal.

DEFINITION OF SEXUAL HARASSMENT

The company has adopted, and its policy is based on, the definition of sexual harassment set forth in Section 3 of R.A. 7877. It provides that sexual harassment in the workplace is committed by an employer, employee, manager, supervisor, agent of the employer, or any other person who, having authority, influence or moral ascendancy over another in a work environment, demands, requires or otherwise requires any sexual favor from the other, regardless of whether the demand, requests or requirement for submission is accepted by the object of said Act.

WHEN SEXUAL HARASSMENT IS COMMITTED IN WORK-RELATED OR EMPLOYMENT ENVIRONMENT

In a work-related or employment environment, sexual harassment is committed when:

1. The sexual favor is made as a condition in the hiring or in the employment, re-employment, or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or
2. The refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
3. The above acts would impair the employees’ rights or privileges under existing labor laws; or
4. The above acts would result in an intimidating, hostile, or offensive environment for the employee.

WHERE SEXUAL HARASSMENT IS COMMITED

Sexual harassment may be committed in any work or training environment. It may include, but are not limited to the following:

1. In or outside the office building or training site;
2. At office or training-related social functions;
3. In the course of work assignments outside the office;
4. At work-related conferences, studies or training sessions; or
5. During work related travel.

FORMS OF SEXUAL HARASSMENT

Sexual harassment may be committed in any of the following forms:

1. Overt sexual advances;
2. Unwelcome or improper gestures of affection;
3. Request or demand for sexual favors including but not limited to going out on dates, outings, or the like for the same purpose;
4. Any other act or conduct of a sexual nature or for purposes of sexual gratification which is generally annoying, disgusting or offensive to the victim.

WHAT IS NOT SEXUAL HARASSMENT

Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, that debilitates morale, and that, therefore, interferes with work effectiveness.

COMPANY’S RESPONSIBILITY

The company undertakes to provide its officers and employees a work environment free of sexual harassment by management personnel, by co-workers and by others with whom officers and employees must interact in the course of their employment in the company.

Sexual harassment is specifically prohibited as unlawful and as a violation of the company’s policy. The company shall take measures to prevent sexual harassment in the workplace. It shall likewise take immediate corrective action to stop sexual harassment in the workplace and prompt investigation of any allegation of work‑related sexual harassment.

INFORMATION CAMPAIGN AGAINST SEXUAL HARASSMENT

The company shall ensure awareness of its policies against sexual harassment. It shall post information and notices against the practice in the bulletin board, company website, if permissible, and other places to increase employees’ knowledge about the policy.

The company may send key personnel to training, further education or seminar regarding anti-sexual harassment laws, rules and regulations.

PROCEDURES ON SEXUAL HARASSMENT CASES

1. COMPLAINT PROCEDURE

Any officer or employee, who experiences or witnesses any act of sexual harassment in the workplace, shall report the same immediately to the Committee on Decorum and Investigation (Committee). The Committee shall be an ad hoc group that will be tasked to conduct the investigation of such allegation. The appointed HR personnel, Department Head, Legal and immediate superior shall compose the Committee.

If any of the Committee members is the subject of the investigation, he shall automatically cease to be a member and he will be replaced by another upon appointment of the remaining Committee members.

Any officer or employee, may also report acts of sexual harassment to any other member of the company’s management or ownership. All allegations of sexual harassment will be quickly investigated.

To the extent possible, the identity of the officer or employee shall remain confidential and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure. When the investigation is completed, all parties will be informed of the outcome of the investigation.

A Committee on Decorum and Investigation shall be constituted and shall be composed of the management and the employees’ representative to receive complaints, investigate and hear sexual harassment cases. The Committee shall develop its own rules in the settlement and disposition of sexual harassment cases. The Committee shall also develop and implement programs to increase understanding and awareness about sexual harassment.

1. RETALIATION

The company will not permit employment‑based retaliation against anyone who brings a complaint of sexual harassment or who speaks as a witness in the investigation of a complaint of sexual harassment.

1. WRITTEN POLICY

All officers and employees of the company shall receive a copy of its anti-sexual harassment policy upon assumption of their respective offices. If at any time an officer or employee would like another copy of the policy, please contact the Office of the Committee on Decorum. If the company should amend or modify its anti-sexual harassment policy, all officers and employees will receive an individual copy of the amended or modified policy.

COMMITTEE RULES IN THE SETTLEMENT AND DISPOSITION OF SEXUAL HARASSMENT CASES

Filing of complaint

1. Complaint of any sexual harassment shall be made in writing, preferably in an affidavit format.
2. The Committee Chairman or any member shall receive a copy of the complaint.
3. The Committee shall convene to commence the investigation of the case.
4. The Committee shall ensure that all information pertaining the complaint and other subsequent records shall remain confidential.
5. The employee charged with sexual harassment may be placed on preventive suspension if, upon the assessment of the Committee, his continued presence poses serious and imminent threat on co-workers.

Notice to respondent and reply

6. The Committee shall inform the employee or officer charged about the complaint and the investigation.
7. The individual charged shall submit his reply within five (5) calendar days from receipt of the notice or the complaint.

Hearing or conference

8. After receiving the reply, the Committee shall conduct a hearing/conference to allow the employee or officer charged the opportunity to further rebut the allegations against him. He may bring along his counsel, if he so desires.
9. The Committee shall submit its investigation report and recommendation to the top management for evaluation.
10. The top management shall carefully study the report and recommendation and issue its decision, through HRMD, not later than ten (10) days from receipt of the report or recommendation.

Notice of decision

11. If, after the investigation, it is found that there is substantial evidence that sexual harassment was committed, the employee or officer charged shall be issued a notice of dismissal informing him that grounds have been established to justify his dismissal from service.
12. If there is no substantial evidence supporting the charge of sexual harassment, the employee charged shall be acquitted in a decision in writing.

Appeals

13. The decision of the top management may be appealed within three (3) days by the employee from receipt of the notice.
14. The top management shall form an appeals committee to hear and decide the appeal. Within five (5) days, the appeals committee shall resolve the appeal and promulgate its decision.
15. The decision of the appeals committee shall be final and not appealable and without prejudice to the filing of criminal or civil case against the offender.