Dear Atty. Joji,

My sister has a co-worker who frequently makes inappropriate remarks about her appearance being a member of the LGBTQ community, and sends her personal messages outside of work hours, which she considers uncomfortable and inappropriate. She is afraid to complain because she might lose her job. Are there legal remedies for employees experiencing workplace harassment based on gender identity?

Blanca

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Dear Blanca,

Workplace harassment, including gender-based discrimination and inappropriate behavior, is covered under the Safe Spaces Act (RA 11313) and/or the Anti-Sexual Harassment Act (RA 7877) particularly if the offender has moral ascendancy over the victim. Employees, regardless of gender identity, have the right to a safe and inclusive workplace.

The Safe Spaces Act expands the concept of discrimination and protects persons of diverse sexual orientation, gender identity and/or expression. It thus recognizes gender-based sexual-harassment as including, among others, “misogynistic, transphobic, homophobic and sexist slurs.”

“The Safe Spaces Act does not undo or abandon the definition of sexual harassment under the Anti-Sexual Harassment Law of 1995. The gravamen of the offenses punished under the Safe Spaces Act is the act of sexually harassing a person on the basis of the his/her sexual orientation, gender identity and/or expression, while that of the offense punished under the Anti-Sexual Harassment Act of 1995 is abuse of one’s authority, influence or moral ascendancy so as to enable the sexual harassment of a subordinate” (Escandor vs People of the Philippines, G.R. No. 211962, 6 July 2020).

Moreover, employers who fail to act on harassment complaints can be held liable for damages and may face administrative penalties. Failure to implement proper policies and take action against harassment may also result in legal consequences under the law.

I hope to have enlightened you with your query.

Atty. Joji Alonso