Sexual Harassment Legal Memo - 3646 Words

Issues / Questions Whether or not the actions of Ms. Leslie Gonzales towards Mr. Ray Garcia establishes an act of sexual harassment. Brief Answer Yes. Ray Garcia may file a sexual harassment complaint against Leslie Gonzales. The actions of Leslie towards Ray may constitute sexual harassment based on the Sexual Harassment Act of 1995 (RA 7877) and in consonance with jurisprudence. Nevertheless, with only the statement of Ray as proof and the lack of witnesses, although the presence of witnesses is not a requisite in RA 7877, the complaint may be faced with difficulties as the burden of proof lies on the claimant. Statement of Facts Ms. Leslie Gonzales is the VP for Corporate Relations of ILA Company. Ray Garcia directly reports†¦show more content†¦Work, Education or Training-Related, Sexual Harassment Defined. - Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦or any other person who, having authority, †¦.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,†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discrimin ate, deprive or diminish employment opportunities or otherwise adversely affect said employee; †¦xxx†¦ (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. †¦xxx†¦ Sexual harassment can also take several forms, wherein the object of attention could be at the receiving end of malicious stares, jokes, comments, notes, letters, graffiti or physical contact[2]. As summarized in Aquino vs Acosta [3] the elements of Sec 3, RA 7877 are â€Å"(a) any person that has authorityShow MoreRelatedSexual Harassment Legal Memo3639 Words   |  15 PagesIssues / Questions Whether or not the actions of Ms. Leslie Gonzales towards Mr. Ray Garcia establishes an act of sexual harassment. Brief Answer Yes. Ray Garcia may file a sexual harassment complaint against Leslie Gonzales. The actions of Leslie towards Ray may constitute sexual harassment based on the Sexual Harassment Act of 1995 (RA 7877) and in consonance with jurisprudence. Nevertheless, with only the statement of Ray as proof and the lack of witnesses, although the presence of witnessesRead MoreEqual Employment Opportunity Commission and Electronic Reserve Readings.1455 Words   |  6 Pages | | |Details |Due |Points | |Objectives |Determine the legal issues arising out of employment practices. | | | | |Compare and contrast employment and independent contractor relationships. | Read MoreSexual Harassment Dress Code Attendance Policy964 Words   |  4 PagesIn this memo I will be addressing a several of the U-Turn company policy and procedures. Concerning Sexual harassment †¢ Dress code †¢ Attendance policy †¢ Vacation policy †¢ Discrimination †¢ Alcohol use, drug use, and smoking. I will be addressing these issues due to fellow coworkers not complying with the company policy and procedures. Everyone needs to read up on these polices to be aware of what is to be expected. 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