The Anti-Sexual Harassment Act of 1995 (RA 7877) punishes sexual harassment committed in a work, education, or training environment by a person who has authority, influence, or moral ascendancy over another — such as an employer, manager, supervisor, teacher, professor, coach, or trainor. Work-related sexual harassment includes demanding a sexual favor as a condition of hiring, employment, promotion, or favorable terms, or when the refusal results in a hostile or offensive environment. Employers and heads of institutions are required to promulgate rules and create a committee on decorum and investigation (CODI) to prevent and address harassment. RA 7877 focuses on the abuse of a superior-subordinate relationship. It is complemented by the later Safe Spaces Act (RA 11313), which broadens protection to harassment by peers, subordinates, and even strangers, and to public and online spaces.
The first major law specifically against sexual harassment in the Philippines was RA 7877. It targets a particular abuse: the misuse of authority over a subordinate or student.
What RA 7877 Covers
The Anti-Sexual Harassment Act of 1995 punishes sexual harassment committed in a work, education, or training environment by a person who has authority, influence, or moral ascendancy over another. This includes:
- An employer, manager, or supervisor over an employee;
- A teacher, professor, or instructor over a student; and
- A coach or trainor over a trainee.
The Key Element: a Superior-Subordinate Relationship
The defining feature of RA 7877 is the abuse of authority or moral ascendancy. The harasser is someone in a position of power over the victim within the work, school, or training setting.
Work-Related Sexual Harassment
In the workplace, it includes when a sexual favor is demanded as a condition of:
- Hiring, employment, re-employment, or continued employment;
- Promotion, favorable compensation, terms, or privileges; or
- When refusal results in a hostile, intimidating, or offensive environment for the employee.
Employer and Institution Duties
Employers and heads of educational or training institutions are required to:
- Promulgate rules against sexual harassment; and
- Create a Committee on Decorum and Investigation (CODI) to receive complaints, investigate, and recommend action.
Failure to act can expose the employer/institution to liability.
RA 7877 vs. the Safe Spaces Act
RA 7877 is complemented by the later Safe Spaces Act (RA 11313):
- RA 7877 — harassment by a superior in work/education/training; while
- Safe Spaces Act — broadens protection to harassment by peers, subordinates, and strangers, and to public and online spaces.
Together they cover a much wider range of situations.
Practical Takeaways
- RA 7877 punishes sexual harassment by a superior (employer, supervisor, teacher, coach) in work, education, or training;
- Employers and schools must have anti-harassment rules and a CODI;
- It works alongside the Safe Spaces Act, which reaches harassment by peers, strangers, and in public and online spaces.
Frequently Asked Questions
What does RA 7877 cover? Sexual harassment committed in a work, education, or training environment by a person with authority, influence, or moral ascendancy over another, such as an employer, supervisor, teacher, or coach.
What is the key element of RA 7877 harassment? The abuse of a superior-subordinate relationship. The harasser holds authority or moral ascendancy over the victim within the work, school, or training setting.
What must employers do under RA 7877? Promulgate rules against sexual harassment and create a Committee on Decorum and Investigation (CODI) to receive complaints, investigate, and recommend action. Failing to act can expose them to liability.
How is RA 7877 different from the Safe Spaces Act? RA 7877 covers harassment by a superior in work, education, or training. The Safe Spaces Act (RA 11313) broadens protection to harassment by peers, subordinates, and strangers, and to public and online spaces.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.