SEXUAL HARASSMENT AT WORKPLACE : WHAT CAN YOU DO ?
Before we start, let’s do a quick test by asking yourself about these simple questions:
- Did anyone make any unwanted sexual requests to you?
- Did anyone make any inappropriate sexual remarks, jokes or comments towards you?
- Did anyone make any non-consensual physical contact with you without your permission?
- Did you receive any sexual imagery or gestures from someone without consent?
According to a 2020 survey, 62% percent of Malaysian women have experienced workplace sexual harassment and the numbers are unfortunately growing. Sexual harassment is deemed a misconduct which may be subjected to disciplinary action. This newsletter focuses on the law
and practice on sexual harassment.
1. SEXUAL HARASSMENT: EMPLOYMENT ACT 1955
Employment Act 1955 defines sexual harassment in Section 2 as follows :-
Sexual harassment means any unwanted conduct of a sexual nature, whether verbal, nonverbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment.
Sexual harassment refers to :
“Any unwanted conduct of a sexual nature having the effect of verbal, non-verbal, visual, psychological or physical harassment:
▪ that might, on reasonable grounds, be perceived by the recipient as placing a condition of a sexual nature on her/his employment; or
▪ that might, on reasonable grounds, be perceived by the recipient as an offence or humiliation, or a threat to his/her well-being, but has no direct link to her/his employment”
(Code Of Practice On The Prevention And Eradication Of Sexual Harassment In The Workplace (1999) – Ministry Of Human Resources)
2. ELEMENTS OF SEXUAL HARASSMENT
There are three main elements to establish sexual harassment namely:
i) the occurrence of conduct that is sexual in nature;
ii) the conduct being unwanted ; and
iii) the conduct is perceived as threatening the victim’s ability to perform her job which is in line with the definition.
3. CATEGORIES OF SEXUAL HARASSMENT
Sexual harassment can happen in different situations. The person doing it can be any gender and can have different relationships with the victim, like being a boss, coworker, teacher, or friend.
Here are some examples of sexual harassment:
1. Making someone do sexual things to get a job or promotion, even if it’s not said directly.
2. Touching someone in a sexual way without their permission.
3. Asking someone for sex when they don’t want it.
4. Saying sexual things or jokes that make someone uncomfortable.
5. Making sexual gestures or showing private parts without permission.
6. Sending sexual messages or pictures that someone doesn’t want.
4. WHAT’S THE DIFFERENCE BETWEEN SEXUAL HARASSMENT, ASSAULT, AND MISCONDUCT?
Sexual harassment is when someone does unwanted sexual things that are against the rules but might not be a crime. Assault is when someone forces another person to do sexual things without agreeing, which is a crime. Misconduct is a general term for different behaviors, like having a romantic relationship at work, which some places don’t allow.
5. WHAT CAN I DO IF I SEE SEXUAL HARASSMENT?
If you see someone being sexually harassed, you can help:
1. Distract the situation safely.
2. Talk to the person being harassed and offer to stay with them if they need to talk to the harasser.
3. Get help from someone in charge, like a boss, HR or security.
4. Ask others to help you if you feel it’s too much to handle alone.
6. WAS THERE ANY OTHER FORM OF HARASSMENT?
Yes, there are! While sexual harassment was among the highest case being reported, there are other type of behavior that could be categorized as another form of harassment. This includes physical, mental, verbal, written, gestures and any other form that could potentially cause harm or feeling of insecurity by a person.
Did you know that males can also be a victim of sexual harassment?
Harassment can happen to anyone.
7. CONCLUSION
It’s crucial to recognize and understand what sexual harassment looks like in various settings. By being aware of the different forms it can take, we can better protect ourselves and others from harmful behaviors. Remember, speaking up and taking action against sexual harassment helps create safer environments for everyone. Together, we can promote awareness and prevent instances of sexual harassment in our communities and workplaces. Feel free to reach out and talk to us if you’re experiencing issues at work. Keep in mind that we are here to support you, and we’ll do our utmost to help all our staff members.
Zeera says:
Thanks for the advice, HR 👍