Creating safe spaces in the workplace
Creating a safe space in business has taken strides in the past decade as the new generation of professionals have been more “woke” when it comes to inclusivity and creating a work culture where employees feel “comfortable” and are not only safe physically, but emotionally.
In the Philippines, we have laws in place to ensure Safe Spaces in public places which include places of business. One piece of legislation is the Bawal Bastos Law or Republic Act 113. This covers all forms of gender-based sexual harassment (GBSH), committed in public spaces, educational or training institutions, workplaces, as well as online platforms.
But the reality is, implementing this law in male-dominated sectors such as information, technology and construction, can still be a challenge in a traditionally patriarchal society such as ours. One of the nation’s leading ICT companies, however, proves it is “woke” as its CEO, John Domantay, comes from the new generation of professionals at the impressive age of 27. Lancaster Technology and Development Corporation (LTDC), in celebration of Women’s Month, held a Safe Spaces event to not only empower the 21% of its women workforce, but to educate the greater percentage of the men in the company.
Atty. Jansen San Juan, from the Philippine Commission on Women (PCW), led the timely and interesting discussion. Some of the important takeaways that any employee in the workforce must know are the following:
ACTS OF GENDER-BASED SEXUAL HARASSMENT
1. Misogynistic, Transphobic. Sexist or Homophobic slurs and remarks,
2. Stalking,
3. Verbal harassment when accompanied by touching, pinching or brushing against the body of the offended person; or
4. Any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks or any part of the victim’s body,
5. Advances, whether verbal or physical, that are unwanted and have threatened one’s sense of personal space and physical safety, and committed in public spaces
WHAT IS GBSH IN THE WORKPLACE?
Workplaces include all sites, locations, or spaces, where work is being undertaken by an employee within or outside the premises of the usual place of business of the employer.
1st Offense – Imprisonment of 11-30 days or a fine of PHP 30,000, provided that it includes attendance in a Gender Sensitivity Training to be conducted by the Philippine National Police in coordination with the local government unit and Philippine Commission on Women.
2nd Offense – Imprisonment of 1 month and 1 day to 6 months or PHP 50,000 fine.
3rd Offense – Imprisonment of 4 months and1 day to 6 months or PHP 100,000.00.
IS SEXUAL HARASSMENT BETWEEN PEERS COVERED UNDER RA 113?
Yes. The Safe Spaces Act addresses these gaps by recognizing that sexual harassment can be committed between peers, co-employees, or by a subordinate to a superior officer, even without the presence of authority, influence, or moral ascendancy, which may propagate a “hostile environment”.
WHAT CAN A VICTIM OF WORKPLACE GBSH DO?
The victim of a workplace GBSH can file an administrative complaint with the Committee on Decorum and Investigation (CODI) and/or file a civil/criminal case before the courts.
RESPONSIBILITIES OF EMPLOYERS UNDER THE SAFE SPACES ACT:
1. Disseminate or post in a conspicuous place a copy of the law to all persons in the workplace.
2. Provide measures to prevent BSH in the workplace, such as the conduct of anti-sexual harassment seminars.
3. Create an independent internal mechanism or a committee on decorum and investigation
(CODI) to investigate and address complaints of gender-based sexual harassment.
4. Develop and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy which shall:
a. Expressly reiterate the prohibition on gender-based sexual harassment;
b. Describe the procedures of the internal mechanism; and
c. Set administrative penalties.
Fostering safe spaces in business is a progressive step in business, as it is not only beneficial to employers and business owners. Safe spaces not only promote mental health, but enhance employee engagement as it encourages their commitment to their work when they know they are heard and valued. Open communication also fosters innovation from honest communication. Ensuring safe spaces in the workforce further provides a platform to discuss and resolve conflicts. Ultimately, creating a safe space is a worthwhile investment for business owners with its substantial benefits to both employees and organizations.
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