Padilla: Harassment by employers worse due to power dynamics

MANILA, Philippines — Sen. Robinhood Padilla believes that sexual harassment perpetrated by employers against employees is heavier than when it occurs on employers.

In a committee hearing on public information and mass media on Thursday, panel head Padilla stressed that when an employer harasses their employee, there is a “power play” involved which makes it heavier.

“‘Yung sexual harassment kasi para po sa’kin ah, hindi ko siya makukumpara doon sa employee na biniktima ‘yung kanyang employer.

“Kasi para sa’kin, iba ‘yun— para sa akin e iba kasi ‘yung employer ang bumiktima doon sa employee kasi merong ano ‘yun eh, may power play na hindi mo maintindihan, may pagka-predator. Iba yun eh. Para sakin, nanggigigil ako dun,” Padilla said.

(For me, sexual harassment can’t be compared to an employee harassing their employer. It’s a different case when the employer harasses their employee because there’s a power play involved. There’s a predator aspect to it. That’s different. I am angry because of that.)

“Papano ngayon ‘yan kung sasabihin mo, ‘yun bang employee na nagandahan siya dun sa kanyang employer, matatawag mo bang sexual harassment ‘yun e wala naman siyang power over dun sa kanyang employer, na hindi niya sinasadya sa sobrang ganda nasipulan niya. Anong matatawag mo dun?” he added.

(How is it when the employee is attracted to the employer, can you call that sexual harassment even when the employee does not have power over the employer? They didn’t mean to, but someone was so pretty that they got whistled at. What will you call that?)

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However, Department of Labor and Employment Undersecretary Benjo Santos Benavidez said that it is still considered sexual harassment and the crime remains the same no matter who commits it.

Instead, Benavidez noted that the weight of the case depends on the penalty and the place where the overt act of harassment was done.

Atty. Lorna Kapunan echoed this, stating that the legal process for filing cases does not change whether the complainant is an employee or an employer.

She added that in reality, the notion of a boss filing a case against their people for sexual harassment does not happen.

But Padilla insisted that the intensity between the two cases is different.

“Pero ako pagkakaintindi ko dun, sorry ah — pero parang magkaiba ‘yun. Parang mas matindi ‘yung boss na hinarrass niya ‘yung kanyang tao e,” he said.

(But in my understanding, sorry — they seem different. Employers harassing their employees seems worse.)

However, Benavidez reiterated that the law treats all forms of sexual harassment equally, based on the Safe Spaces Act (Republic Act 11313).

“Pero ito po kasing polisiyang ito ay parang pantay-pantay lang. Lahat pwedeng maging biktima ng sexual harassment,” he said.

(But in this policy, everyone is equal. Anyone can be a victim of sexual harassment.) Arianne Denisse Cagsawa, INQUIRER.net intern