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“62% out of the 1,010 Malaysian women surveyed reported that they experienced some form of sexual harassment in their workplace” – Women’s Aid Organisation (2020)”
The Landscape of Sexual Harassment in Malaysia
Reputational Damage & Costly
Relevant Laws & Employers Legal Obligation
Types of Sexual Harassment
(ii) Physical: Inappropriate touching, patting, pinching, stroking, brushing up against the body, hugging, kissing and fondling.
(iii) Visual: Display of pornographic or sexually suggestive materials such as articles, letters, pictures or sketches.
(iv) Gestural: Leering or ogling with suggestive overtones such as licking lips, eating food provocatively or hand signal denoting sexual activity.
Prevention, Reporting and Investigation
There are several notable difficulties when it comes to harassment cases such as:
The subjective nature of sexual harassment;
The difficulty in providing solid evidence or eyewitness testimony; and
The time gap between the incidents and their reporting. Many cases remain unreported for extended periods due to various personal reasons experienced by the victims, such as embarrassment, fear of adverse publicity, threats, lack of confidence, economic dependence on their job, and more.
According to the EA 1955, employers are required to:
Prominently display a notice to raise awareness about sexual harassment in the workplace.
Investigate complaints in accordance with the Employment Act of 1955.
Note: Failure to comply with the EA 1955 can result in a penalty of up to RM50,000.
Handling Sexual Harassment Complaints at the Workplace
Empathy vs Accountability
The manager’s dilemma in confronting sexual harassment lies in finding the delicate balance between empathy and accountability. While empathy helps managers support victims and create a safe space for them to share their experiences, accountability ensures that appropriate actions are taken to address the issue effectively. By combining these two elements, managers can navigate these difficult situations with compassion, fairness, and a commitment to creating a workplace free from sexual harassment.
Dive deep into the key amendments of the Trade Unions Act 2024. Understand the changes, their implications for trade unions, and how to ensure compliance with practical insights and case studies.
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