Sexual Harassment Legal Memo
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 to her as her Executive Assistant (EA). Other than handling Leslie's office requirements, Ray also does confidential work for Leslie and takes care of her personal errands. The relevant details stated in Ray’s filed letter-complaint to the President of ILA Co. and Leslie’s account pertaining to the incidences are as follows:
1. DRIVE TO PAMPANGA
On late November 2010, Leslie, as what she requires Ray to call her, asked him if he has a girlfriend, and upon answering that he has none, Leslie then boldly admitted her fondness of him. Thereafter, Ray noticed that whenever they are left alone in Leslies office, she takes of her coat, to which he feels as if for him to notice her sheer clothes which reveals her lingerie. Ray, although feeling awkward, dared not to bring the matter up so as not to sound impolite to her.
To this allegation, Leslie explained that, as her EA, and because of the nature of his work, Ray is naturally always working closely with her. She requires all her staff as well to call her by her first name as she doesn't want using "Ma'am" and "Sir" at work to encourage a closer working relationship. With regards to her clothes, she stated that she wants to be in comfortable
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 to her as her Executive Assistant (EA). Other than handling Leslie's office requirements, Ray also does confidential work for Leslie and takes care of her personal errands. The relevant details stated in Ray’s filed letter-complaint to the President of ILA Co. and Leslie’s account pertaining to the incidences are as follows:
1. DRIVE TO PAMPANGA
On late November 2010, Leslie, as what she requires Ray to call her, asked him if he has a girlfriend, and upon answering that he has none, Leslie then boldly admitted her fondness of him. Thereafter, Ray noticed that whenever they are left alone in Leslies office, she takes of her coat, to which he feels as if for him to notice her sheer clothes which reveals her lingerie. Ray, although feeling awkward, dared not to bring the matter up so as not to sound impolite to her.
To this allegation, Leslie explained that, as her EA, and because of the nature of his work, Ray is naturally always working closely with her. She requires all her staff as well to call her by her first name as she doesn't want using "Ma'am" and "Sir" at work to encourage a closer working relationship. With regards to her clothes, she stated that she wants to be in comfortable