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Question A12

XII.

(Question XII, Labor Law, 2018 Bar Exam)

Nena worked as an Executive Assistant for Nesting, CEO of Nordic Corporation. One day, Nesting called Nena into his office and showed her lewd pictures of women in seductive poses which Nena found offensive. Nena complained before the General Manager who, in turn, investigated the matter and recommended the dismissal of Nesting to the Board of Directors. Before the Board of Directors, Nesting argued, that since the Anti-Sexual Harassment Law requires the existence of “sexual favors,” he should not be dismissed from the service since he did not ask for any sexual favor from Nena. Is Nesting correct? (2.5%)

Suggested Answer:

No. Answer

Under jurisprudence, it has been held that it is not essential that the demand, request or requirement be made as a condition for continued employment or for promotion to a higher position. It is enough that the offender’s acts result in creating an intimidating, hostile or offensive environment for the employee. Rule

In the case at bar, Nesting created an intimidating, hostile or offensive environment for Nena after showing her lewd pictures of women in seductive poses. Nena even found this offensive. Nesting’s acts constituted sexual harassment against Nena. Apply

Thus, Nesting was not correct. Conclusion

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(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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