Philippine Labor Law Glossary
Definition: Sexual harassment is unlawful sexual conduct in employment, education or training, including authority-based demands for sexual favors and broader gender-based sexual harassment prohibited in the workplace.
What Sexual Harassment Means
Republic Act No. 7877 covers work-related sexual harassment committed by a person who has authority, influence or moral ascendancy over another and demands, requests or requires a sexual favor. The offense may exist even when the requested favor is not accepted. The conduct may affect hiring, continued employment, promotion, privileges or create an intimidating, hostile or offensive environment.
Republic Act No. 11313, or the Safe Spaces Act, expanded workplace protection to gender-based sexual harassment that may be committed between peers, by subordinates against superiors, or through online and digital communications. Employers must adopt preventive policies, establish a Committee on Decorum and Investigation and address complaints with confidentiality and due process.
Core Legal Rules
- Authority-based harassment under Republic Act No. 7877 focuses on authority, influence or moral ascendancy and a sexual demand or requirement.
- The Safe Spaces Act covers unwanted sexual actions or remarks in the workplace even without a superior-subordinate relationship.
- Employers must issue rules, investigate complaints and impose appropriate administrative sanctions.
- Retaliation, victim-blaming and unnecessary disclosure should be prevented.
- The same conduct may result in administrative, civil, criminal and labor consequences.
Evidence That May Matter
| Evidence | Why it matters |
|---|---|
| Messages, emails or workplace chats | May show sexual requests, remarks, persistence and context. |
| Incident chronology | Shows frequency, dates, locations and witnesses. |
| Employment hierarchy and job records | May establish authority, influence or moral ascendancy. |
| HR complaint and CODI records | Show the complaint process and employer response. |
| Witness statements and CCTV | May corroborate the conduct where lawfully available. |
Why the Term Matters
The exact legal theory matters because Republic Act No. 7877 and Republic Act No. 11313 have overlapping but different elements. A complainant does not need to force every case into the older authority-based framework when the Safe Spaces Act may apply to peer or digital harassment.
Sexual harassment is a specific form of workplace harassment. The broader workplace provisions of the Safe Spaces Act should also be reviewed.
Practical Example
Hypothetical example: A supervisor tells an employee that promotion depends on agreeing to a date and later sends repeated sexual messages. The authority-based demand may be relevant under Republic Act No. 7877, while the unwanted digital conduct may also be reviewed under the Safe Spaces Act and the employer’s workplace policy.
Common Misunderstanding
Misunderstanding: Sexual harassment exists only when physical touching occurs.
Correct approach: Unwanted demands, comments, messages, gestures, invitations and other verbal or digital conduct may qualify depending on the governing law and facts.
Sources and Legal Citations
- Republic Act No. 7877, Anti-Sexual Harassment Act of 1995 — defines authority-based work, education and training-related sexual harassment and employer duties. Official source.
- Republic Act No. 11313, Safe Spaces Act — covers gender-based sexual harassment in workplaces, public spaces, online and educational settings. Official source.
Editorial Review and Legal-Review Status
Prepared by: LaborCode.ph Editorial Team
Editorial review: Reviewed under the LaborCode.ph Content Review Policy
Source verification: Official legal sources checked on August 6, 2026
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Disclaimer
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