Labor Law, 2022 Bar — Question 4

ESSAY

Due to Bitoy's repeated unwanted sexual advances towards his co-worker Diego, Diego went to the Personnel Manager to report Bitoy's behavior. The Personnel Manager started a disciplinary action case against Bitoy. In his written explanation, Bitoy denied the allegation of sexual advances. He also pointed out that sexual harassment only pertains to a superior-subordinate relationship, where the perpetrator is the superior and the victim is the subordinate. Since Diego is not his subordinate, as they are co-workers with the same rank, Bitoy cannot be subject to disciplinary action. Is Bitoy's contention correct? Explain briefly. (5 points)

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