INSTRUCTIONS:

Use this website to share your legal mind.
Please feel free to post your Suggested Answers to these Bar Questions.
You can also view and response to the opinions of others.

15. Sexual Favor

As a condition for her employment, Josephine signed an agreement with her employer that she will not get married, otherwise, she will be considered resigned or separated from the service.

Josephine got married. She asked Owen, the personnel manager, if the company can reconsider the agreement. He told Josephine he can do something about it, insinuating some sexual favors. She complained to higher authorities but to no avail. She hires you as her counsel. What action or actions will you take?

Explain. 5%

1 comment:

Anonymous said...

XV.

I will file sexual harassment case against the personnel manager. This crime is committed by any person who, having authority, influence, or moral ascendancy over another in work, training or education environment, demands, requests, or otherwise requires any sexual favor from the other, regardless of whether the demand, request, or requirement is accepted.

I will also inform the employer that the condition in Josephine’s employment contract that she will not get married is not allowed by law and should be disregarded. The Labor Code is explicit that it shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married or stipulate expressly or tacitly that upon getting married a woman shall be deemed resigned or separated.