Sexual Harassment

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SEXUAL HARASSMENT

 

Sexual Harassment – The Malaysian Context
Forms of Sexual Harassment
What to do if I am a victim of sexual harassment?
Employer's Responsibility

PDRM Statistics of sexual harassment cases in Malaysia
Know Your Rights
Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace (pdf format)

Sexual Harassment – The Malaysian context

Sexual harassment in the workplace refers to sexual conduct that is unwanted, unwelcome, or unsolicited. This includes requests for sexual favours which are inappropriate and offensive.

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Forms Of Sexual Harassment

  • Verbal harassment:  e.g. offensive or suggestive remarks, comments, jokes, jesting, kidding, sounds, questioning.
  • Non-verbal/gestural harassment:  e.g. leering or ogling with suggestive overtones, licking lips or holding or eating food provocatively, hand signal or sign language denoting sexual activity, persistent flirting.
  • Visual Harassment:  e.g. showing pornographic materials, drawing sex-based sketches or writing sex-based letters, sexual exposure.
  • Psychological:  e.g. repeated unwanted social invitations, relentless proposals for dates or physical intimacy.
  • Physical harassment:  e.g. inappropriate touching, patting, pinching, stroking, brushing up against the body, hugging, kissing, fondling, sexual assault.

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What To Do If I Am A Victim Of Sexual Harassment

  • Tell the harasser that his behavior is unwelcome and that you want it to stop. Say it firmly so the harasser knows you mean business!
  • If the harasser continues, talk to someone in your organisation who could help you; i.e., personnel officer or sexual harassment counselor, employee/union representative.
  • Record the details of each event: date, time, location, what happened, what was said, how you felt, and the names of any witnesses or others victimized by this person.
  • You can write a letter to the offender, including description, date and time of unwelcome behavior, clear statement you want the behavior to stop, and the warning of further action for noncompliance. Add your signature and date.
  • MAKE A COPY FOR YOUR PERSONAL RECORDS AND CONSIDER HAVING SOMEONE WITNESS THE TRANSFER OF THE LETTER.
  • Your manager or supervisor harassing you: speak to someone more senior, to your personnel officer and union representative. OR seek help from the: Labor Ministry, organizations that will provide counseling and assistance.

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Employer's Responsibility

It is the employer's responsibility to ensure a harassment-free workplace. The Ministry of Human Affairs has prepared and issued a Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace (pdf format) containing in-house guidelines.

If you are a victime of violence against women in Malaysia or are worried about someone who it, go to WAO Services or contact WAO directly to find out how WAO can help you.

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Know Your Rights

Anna* works as web-designer in an IT company. In the past few weeks, one of her project members, James*, began asking her out for dates. Anna was not romantically interested in James, and she declined his offer politely each time. Despite Anna's continued rejections, James relentlessly pursued her by hanging around her desk, sending her suggestive e-cards and SMS-es, intentionally brushing his body against her when they are in a corridor, staring across the office at her for hours, calling her "honey buns" and being around wherever Anna was. This made Anna extremely uncomfortable and embarrassed.  

She began to dread going to work and was suffering from insomnia. She also began to develop headaches in the morning and found it difficult to concentrate on her work. Anna did not want things to become strained at work, but was extremely agitated over the harassment. James began to tell all her there colleagues that she was "his" and threatened to beat up anyone who dared to show any interest in her. One evening, when Anna's team had to work late, James grabbed hold of her and tried to molest her when the other colleague went out of the room for a moment. She screamed and the colleague came running back. James told him that she was being a "tease" and stormed off. Anna did not go to work the next day. She was at her wits end as to what she could do.  

You may have had a similar experience at your workplace, and perhaps had tried to brush it off by ignoring it, and hoped that it would pass. Sometimes, the harasser might be someone in a superior position, with power over salary and position, who attempts to coerce you, as a subordinate, to grant him sexual favours. This is sexual harassment.  

Sexual harassment means any repeated unwelcome verbal, non-verbal, visual, psychological or physical conduct of a sexual nature that causes the victim to be intimidated, frightened and/or humiliated. It can take different forms; in example, stares which concentrates on parts of the body like breasts and hips, remarks with double and sexual meaning (e.g. "If you bend over, I'll give you a raise), derogatory or demeaning remarks on women's bodies, wolf-whistling, touching, squeezing, pinching, tickling, "accidentally" brushing private parts of the body, making sexual advances and/or asking a woman outright for a date and promising a raise in reward. 

Sexual harassment is a serious problem. It is not about mutual attraction or flirting, but abuse of power. Sexual harassment occurs in a sexist environment where women are devalued and lewd remarks and/or gestures targeted at women are considered "natural" and acceptable. This intolerable social behaviour creates a hostile working environment which has real implications on productivity, efficiency and employee turnover, and can also result in stress related physical injuries in the victims. It can have a very destructive effect on the workplace, and therefore should be recognised as a workplace issue. If you are an employer, adopt a sexual harassment policy as a preventive measure to promote a healthy and respectful working environment. If you know of anyone who is sexually harassed, give your support. Let her know that it is not her fault, and remind her that sexual harassment is discrimination. Listen without judgement, and refer her to where she can get help. 

Unfortunately, there is no law in Malaysia that deals specifically with sexual harassment. The Joint Action Group against Violence Against Women (JAG) are lobbying for the legislation of sexual harassment, which requires employers to prevent sexual harassment by creating in-house mechanisms to address the matter, and provides timely and meaningful access to legal redress to victims. In the meantime, there is a Code of Practice on Sexual Harassment, introduced in 1999 by the Ministry of Human Resources that has been adopted by a small percentage of employers. 

What to do if you are sexually harassed: 

  • Trust your instincts.
  • Tell the harasser clearly, directly and firmly that you object to the behaviour and you do not like it.
  • Record each incident in writing. Describe the incident in full detail and include the date, time, place, witnesses (e.g. colleagues) and evidence (e.g. e-mails etc.) if there are any. These are important as evidence when action is taken against the harasser.
  • Get emotional support. Talk to a sympathetic friend or co-workers.
  • Make a formal complaint in writing. If your company has procedures for resolving sexual harassment complaints, go through the appropriate channel. If not, go to your manager. If your manager is the harasser, go to his superior, as well as your personnel officer and union representative. If there's no one you feel safe talking to, or if your complaint is ignored, you can make a police report, or seek help from the Labour Ministry.

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