Sexual Harassment Legal Memo

3632 words 15 pages
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…

To this, Leslie admitted that by nature, apparently, she is very affectionate. She stated that since she can practically treat her staff as barkada, even on occasion like family, she tends to be affectionate to them the same way she treats her dearest friends. On the post-Valentine's meeting in her room, apparently, she lost her balance so she fell on him. 6. OFFICE OVERTIME

On another occasion, during an overtime schedule at Leslie’s office with another employee named JD, Leslie ordered JD to leave early although his work has not been completed yet. She specifically instructed JD to lock door of the office with Ray and her left inside alone. Then Leslie approached Ray and began fondling him on his hand, shoulder, back, and neck, and tickled his ears. Ray took off her hand and quietly continued to do his work.

According to Leslie, all other allegations are just figments of Ray’s imagination. She says she cannot do any sexual advances on him because that is too embarrassing for her as the boss, a known professional in the industry, and as a woman. She cannot do anything that will ruin her reputation.

Other than these statements, Ray also mentioned rumors that former head legal counsel Atty. Cesar Carreon resigned from work because of similar sexual advances made to Atty. Carreon by Leslie, and alluded to stories shared to him by Yvan, a co- employee, of sexual advances also supposedly made by Leslie on