Section 1.  Gender Mainstreaming

Gender and Development programs are mainstreamed into the DOH CAR plans and activities through a Gender and Development Plan comprising at least 5% of the total agency’s budget appropriation per General Appropriations Act.  A Gender and Development (GAD) Focal Point Person may be assigned by management to ensure that the GAD plan is implemented.

Section 2.  Anti-Sexual Harassment Policy

A Committee on Decorum and Investigation (CODI) of sexual harassment cases was formed in compliance to CSC Resolution No. 01-0940 signed on May 21, 2001, known as the Administrative Disciplinary Rules on Sexual Harassment Cases.  The CODI receives complaints of sexual harassment from employees, conducts investigation and submits report of findings with corresponding recommendations to the disciplining authority for decision.

Per Republic Act No. 7877 or An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for Other Purposes, the DOH CAR adopts its Rules and Regulations to implement the Act. All forms of sexual harassment are considered unlawful and shall not be tolerated by the DOH CAR.

Sexual harassment cases shall be primarily governed by the Administrative Disciplinary Rules on Sexual Harassment Cases (CSC Resolution No. 01-940 dated May 21, 2001), which states: “sexual harassment violates the dignity of workers and their right to humane, just and safe work environment, defeats and impairs morale and efficiency in the workplace, and violates the merit and fitness principle in the civil service”.

The Implementing Rules and Regulations define sexual harassment as “committed by any person, who regardless of having authority, influence or moral ascendance over another at work, demands, requests or requires any sexual favor from the other regardless of whether the demand, request or requirement for submission is accepted or not.”

Sexual harassment is “committed by an employee, manager or supervisor whose unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates an intimidating, hostile or offensive environment, even in the absence of tangible or economic job consequences.

 

“Any official or employee who directs or induces another to commit any act of sexual harassment or who cooperates in the commission of sexual harassment by another person shall also be liable for sexual harassment.”

 

Anyone who educates, trains or tutors and is entrusted with an individual, requests or requires any sexual favor from the other as a condition for enrollment, or passing or receiving a good grade regardless of whether the request or requirement is accepted or not, shall also be held liable under the Anti-Sexual Harassment Act.

 

Sexual harassment may be committed in forms that are physical, verbal and visual. Some examples are:

 

-Physical: malicious touching such as pinching, touching or brushing against another’s body; overt sexual advances; unwelcome, improper or any unnecessary gesture of a sexual nature; any other suggestive expression or lewd insinuation;

 

-Verbal:    requests or demands for sexual favors; obscene, malicious or lurid remarks; verbal abuse of a sexual nature; repeated sexual oriented teasing, joking, flirting, wolf whistling; and

 

-Visual:    use of objects, pictures or graphics, letters or writing notes with sexual underpinnings; sending or showing pornographic materials, lewd letters and notes, videos and films, text messages, computer graphics or programs, e-mails which are annoying or offensive to the victim.

 

The CSC Revised Rules on Administrative Cases in the Civil Service shall apply suppletorily to sexual harassment cases.