Women, men or other persons with whatever sexual-orientation may be victims. Concerted effort is needed to prevent sexual harrassment.
The Federation of Free Workers agrees with Justice Jhosep Y. Lopez when he highlighted that “sexual harassment is not the violation of the sexuality of the offended party, but the offender’s abuse of power.”
This abuse of power, in his recent Supreme Court’s decision in Xerox Business case, comes from the fact that the superior can remove the subordinate from the workplace should the latter refuse the superior’s advances.
Xerox Business’ failure to prevent sexual harassment, has no Committee on Decorum and Investigation (CODI) and its inaction on employee’s complaint make it solidarilly liable with the offender. This SC ruling highlights the critical need for all employers to establish a workplace that is safe, respectful, and compliant with the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877).
“We are elated with this decision, the SC’s judgment not only reaffirms the importance of protecting workers from sexual harassment but also outlines the obligations of employers to create a Committee on Decorum and Investigation (CODI),” said FFW Women Network President Maria Victoria Garzon Bellosillo.
“For us in the union, the CODI is essential for employees’ participation and developing strategies to prevent sexual harassment and for investigating complaints,” opined Arlene Degayo Golloso, union president of the Ateneo De Davao Grade School Teachers’ Union-FFW.
Under the law, the Committee Composition Requirements, are as follows:
– In Work-Related Environments:The CODI must include at least one (1) representative from management, the union (if applicable), supervisory rank employees, and rank-and-file employees.
– In Educational or Training Institutions The committee should comprise at least one representative from the administration, trainers, teachers, instructors, professors or coaches, and students or trainees.
“The diverse representation guarantees that all members of the workplace or educational community are represented and have a voice in preventing and addressing sexual harassment, added Golloso.
Bellosillo, Golloso and FFW members observe that in many workplaces, the posting and dissimination of RA 7877 is not complied with.
Under the law employers and heads of offices are mandated to disseminate or post a copy of RA 7877 for the information of all concerned, ensuring widespread awareness of the law and its provisions.
“This step is crucial for educating employees and students about their rights and the mechanisms in place to protect them from sexual harassment,” added Bellosillo, who is also the union president of the Central Philippines University Rank-and-File Employees’ Union-FFW in Iloilo City.
Speaking for FFW, Bellosillo urges all employers and heads of educational or training institutions to take immediate action to comply with these requirements.
