Posted by A recent study found that more than a third of Malaysian women experienced sexual harassment at work. Most of the time, victims kept quiet because they were ashamed, afraid of retaliation, or thought that speaking out wouldn’t change anything.
What is workplace sexual harassment?
The term “Sexual Harassment” is explained under the Employment Act 1955 and the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace as follows:
“Any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person is offensive or humiliating or a threat to his/her well-being, arising out of and in the course of his employment.”
Under the Code, sexual harassment can be categorized into two (2) types:
- Sexual coercion
A superior who decides on salary increments and promotions attempts to coerce a subordinate for sexual favors.
- Sexual annoyance
A sexual-related conduct that is offensive, hostile, or intimidating that has no direct link to any job benefit. Harassment by a colleague or a company’s client will fall into this category.
Types of sexual harassment
Sexual aarassment can take place in various forms. Based on the Code issued by the Ministry of Human Resources, there are 5 possible forms of sexual harassment:
- Verbal Harassment
Offensive or suggestive remarks, comments, jokes, and questioning. For example, asking sexual questions or about someone’s sexual history or sexual orientation.
- Non-verbal/Gestural Harassment
Leering or ogling with suggestive overtones, licking lips or hand signals denoting sexual activity, and persistent flirting. For example, staring in a sexually suggestive or offensive manner or whistling.
- Visual Harassment
Showing pornographic materials, drawing sex-based sketches, writing sex-based letters, or sexual exposures. For example, sharing sexually inappropriate images or videos.
- Psychological Harassment
Repeated unwanted social invitations, relentless proposals for dates, or physical intimacy. For example, sending suggestive letters, notes, or emails.
- Physical Harassment
Inappropriate touching, pinching, stroking, brushing up against the body, hugging, kissing, and sexual assault.
How to report workplace sexual harassment?
The victim can first tell their employer what happened. Section 81D of the Act says that if the employer does nothing or the result is unsatisfactory, the victim should file a complaint with the Director General of Labour. The Director General will then tell the employer to look into the situation and give them a report within 30 days.
Suppose the harassment includes molestation, indecent exposure, or sexual assault. In that case, these actions may be against the law according to the Penal Code. In this case, the victim should go to the nearest police office immediately and file a report.
Can the sexual harassment victim sue the harasser?
Yes, you can! Victims have the right to file a lawsuit against the sexual harasser.
In Mohd Ridzwan Abdul Razak v. Asmah Hj Mohd Nor, a Federal Court case from 2016, the employee said that the manager was sexually harassing her. Sadly, the company’s Human Resources Department turned down her report at the time because she didn’t have enough proof.
The lady didn’t let this problem stop her from going through the court process. And in the end, the Court agreed with her and said that the manager’s harassment had caused her emotional and mental trauma. After that, the Honorable Court gave the victim RM120,000.00 in compensation. Still, it’s essential to remember that the damage a victim may get in such a case depends significantly on the facts.
So, suppose you think you might be a victim of sexual harassment. In that case, you should report it immediately to the Human Resources Department and/or the Police (if the abuse is physical). In these cases, we want to ensure your safety is the most important! We also want to ensure you know that your boss can’t ignore or act against you if you make such a report.
SOURCE: CHERN & CO
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Anisa is a writer who focuses on career and lifestyle topics in an effort to motivate both job searchers and employers towards greater fulfillment in their professional lives.
Reach me at anisa@jobstore.com.