Sexual Harassment Legal Memo

3639 Words Dec 6th, 2012 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
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From there on, for at least twice a month, Ray noticed that Leslie would always require him to drive her to Pampanga and would ask him very personal questions during the trip. On one occasion, when Leslie instructed him to stay overnight, she went inside his room, on a nightwear, bringing a wine, and ordered him to drink with her. Ray again felt that he couldn’t say no to his boss, so after pondering that he is sure he’s not doing anything wrong, he then allowed her to stay in his room.

On this, Leslie expounded that since 2009, even before the permits for the project were granted, she often travel to Pampanga to attend to permitting requirements, local consultation sessions, field assessment, etc. There were many occasions before that she’d ask either Atty. Cesar Carreon, a former Corporate Legal Counsel of PLA Co., or Atty. Henry Sinyo who was then the assisting lawyer of Atty. Carreon, to drive to Pampanga having only her as a companion. 5. POST VALENTINE’S DAY

After Valentines’s day, Leslie summoned Ray to her office. Upon saying that she forgot to greet him on Valentine’s day, Leslie removed her coat revealing a see-through blouse. Leslie then approached him motioning that she will give him a kiss on the cheek. When Ray avoided it, Leslie, who according to Ray
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