I. STATEMENT OF FACTS
This memorandum addresses the legal framework and employer obligations under Republic Act No. 7877, otherwise known as the “Anti-Sexual Harassment Act of 1995.” The law defines and prohibits acts of sexual harassment in employment, education, and training environments, with a primary focus here on the employment context. It imposes specific duties on employers to prevent, investigate, and redress incidents of sexual harassment in the workplace.
II. ISSUE
What are the essential elements of sexual harassment in the workplace under R.A. 7877, and what are the corresponding legal obligations and liabilities imposed upon employers?
III. BRIEF ANSWER
Sexual harassment in employment is committed when sexual favors are made as a condition for employment or its benefits, or when the conduct results in an intimidating, hostile, or offensive environment that unreasonably interferes with work performance. Employers are strictly mandated to promulgate explicit rules and procedures for the prevention, investigation, and resolution of sexual harassment complaints. Failure to comply with these duties renders the employer liable for damages and subjects the offending employee to disciplinary action.
IV. APPLICABLE LAW
The primary law is Republic Act No. 7877, “Anti-Sexual Harassment Act of 1995.” Its provisions are supplemented and interpreted by relevant rules from the Department of Labor and Employment (DOLE), pertinent provisions of the Labor Code, and jurisprudence from the Supreme Court.
V. DISCUSSION
A. Definition and Elements of Sexual Harassment in Employment
Under Section 3 of R.A. 7877, sexual harassment in the workplace is committed when:

The law clarifies that the offender may be a superior, a non-superior co-employee, or an employer’s representative. The victim can be of any sex. The essential element is the imposition of a condition of a sexual nature, whether directly or through the creation of a hostile environment.

B. Employer Liability and the “Due Diligence” Defense
An employer, corporation, or institution is held solidarily liable for damages arising from sexual harassment committed by its employees, managers, or supervisors. However, Section 5 provides a defense: the employer can avoid liability if it can prove it exercised “due diligence” to prevent the harassment and to take immediate corrective action once it was made aware of the incident. This creates a strong incentive for proactive compliance.

C. Mandatory Duties of the Employer
To satisfy the “due diligence” standard and comply with the law, every employer is required by Section 4 to:

VI. CONCLUSION
R.A. 7877 establishes a comprehensive legal regime to combat sexual harassment in employment. It imposes a non-delegable duty on employers to create and maintain a safe workplace through the promulgation of clear policies, the establishment of an investigative mechanism, and the prompt resolution of complaints. An employer’s failure to fulfill these statutory duties results in direct liability for acts of harassment committed within its premises or scope of operations.
VII. RECOMMENDATION
Employers must immediately:

VIII. – The employer is solidarily liable for damages for acts of sexual harassment committed by employees in the workplace.