Posted 5:17 PM by Blah blah

Making the Case

People both on Rice Bowl Journals and on Pjammer's journal are disagreeing that Unica Hija's story is really clear-cut sexual harassment. (Sorry, Unica Hija, to publicize it this way.)

Some are saying that since she did kiss him back (and let him kiss her three times, not just once), that it clouds the issue.

If you don't know the story, folks, those are totally valid questions, and I see what you mean. Let me make the case for harassment.

First, I am totally against knee-jerk political correctness too. (I studied at Berkeley and was fed up by protesters calling everything sexist or racist, etc.) I would not be as angry about what happened if it weren't so CLEARLY harassment. Remember, this is the Philippines, not the U.S., so I am going by Philippine law.

Second, she DID say she did not want it. Please read again. Yes, she was nervous and trying to be polite when she said it. And no, she was not as forceful as a guy like you would be, Pjammer. But what do you expect? It was a delicate situation! She was in SHOCK.

Regardless if she agreed or not, the Philippine law is VERY clear. It makes no difference!!!

Putting on my lawyer's cap, let's go again to the Philippine Anti-Sexual Harassment Act of 1995, signed by then-President Fidel Ramos:
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Section 3 says:

"Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

(a) 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 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;

(2) The above acts would impair the employee's rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee....

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act."
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I only quoted the part that relates to her story. Please read the law for other situations that are considered harassment.

1. This guy is her client. He obviously has the power to influence her work and the business of her company in a substantial way. Although he just STARTED to harass her, his attitude was so cocky that it was clear he would keep going unless she did something.

2. He just helped to bring his business to her company. Her company is grateful to him and NEEDS him. This is a high-profile project for her. Even though he hasn't threatened her, she knows that he can always cancel his business with them. There's always that underlying threat, which could hurt her business reputation and career. "Discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee."

3. He and she are supposed to work on this project together for several months. He knows that she is tied to this project and to him. Every day now, she has to feel embarrassment and guilt when she sees him. She has to make polite excuses to not spend too much time with or be alone with him. For months. "The above acts would result in an intimidating, hostile, or offensive environment for the employee."

4. Not only is he her client, he's her FRIEND. He knows her. He probably knows that she has a boyfriend already. He's not a stranger who just made a pass. And even if he didn't know her, she's in a vulnerable state and this is taking unfair advantage of her position.

I know it's sometimes a fine line between dating someone at work (which is ok sometimes) and harassment. Note the law says "regardless of whether the demand, request or requirement for submission is accepted" or not. But this is very CLEARLY harassment.