By Atty. Eduardo T. Reyes III
Working conditions under the “new normal” pose several challenges among which is adapting to erratic work schedules. While the serrated work arrangements may mean more time spent at home and with family, it could also equate to reduced take-home pay. But that could not be the only downside to this still unraveling pandemic saga that the world is dealing with. The new staggered work schedules could highlight the tricky question, when does bantering emigrate from a healthy joke to sexual harassment?
In today’s workplace that is reeling from the ill-effects of COVID-19 where guidelines had so far been ranging from the flimsy and thoughtless to the absurd, arbitrary and illegal; but with common impositions of social-distancing and hand sanitation that severely impacts on the viability of businesses, employees would have to cling to their work which is now a prized-commodity more than ever. But this work-clinginess could have overtones on work relationships with co-workers. Especially when understaffed or operating under a skeleton-staff, the few workers tend to have more time with those assigned to work with them for the day’s shift. This could provide an occasion for bantering which could turn into harassment if left unchecked.
Philippine jurisprudence had recognized the undeniable advantages of healthy bantering among co-workers in this fashion: This is not to completely prohibit light-hearted banter for no one would want to create a sterile environment. Creating an atmosphere of playfulness in the workplace is an understandable form of social interaction. The Court takes judicial notice that humour in the workplace could positively leverage work-related outcomes such as work productivity, staff motivation, job satisfaction, group cohesion, commitment, and most importantly, stress reduction. (Presidential Broadcast Staff-Radio Television Malacañang (PBS-RTVM) v. Vergel P. Tabasa, G.R. No. 234624. February 26, 2020).
Bantering at work is commonplace and even to the point of discomfort, it is often tolerated by the recipient lest he/ she become a pariah in the company. But some jokes may already be so tasteless and indecent that it can be unimaginable for the target to endure. And yet he/ she usually bears the discomfiture until it recedes. The Supreme Court acknowledged this reality and expressed its displeasure in this manner: Despite teasing’s positive effect to interpersonal relationships, it may not always be perceived favorably. The way a person views a joke may differ depending on the situation and on how one perceives a tease- a teaser’s intentions and his/ her overall interaction with the teaser. Insensitive jokes or actions could border on harassment, due to the fact that targets may be unaware of the teaser’s intentions. Therefore, for the protection of all employees, a line has to be drawn, before an innocent action becomes a full-blown harassment. (Presidential Broadcast Staff-Radio Television Malacañang (PBS-RTVM) v. Vergel P. Tabasa, Ibid.)
But what if the bantering is coupled with touching? And yet both are done without malice? (as claimed by the perpetrator).
This question was answered, thus: However, unsolicited physical contact, even if done in jest, has no place in the workplace, especially in the government service. X x x Even if the act was done without malice, it is beyond all bounds of decency and decorum for a person to touch any body part of another without consent for that matter” (Presidential Broadcast Staff-Radio Television Malacañang (PBS-RTVM) v. Vergel P. Tabasa, Ibid.).
To animate the workplace with light-hearted jokes will always be a welcome initiative from workers. But to those whose language is laced with indecency and with “touchy” instincts, they should summon case law and learn the boundaries of workplace teasing not only to avoid legal troubles, but also to preserve the dignity of the work environment. They ought to remember that a worker’s calloused hands are a symbol that “labor is honor” and should not be emblematic of the degeneration of work ethics, and of man.
(Atty. Eduardo T. Reyes, III is the senior partner of ET Reyes III & Associates- a law firm based in Iloilo City. He is a litigation attorney, a law professor and a law book author. His website is etriiilaw.com).
