SEXUAL HARASSMENT AT WORK : WHAT THE LAW SAYS

UNDESIRABLE : SEXUAL HARASSMENT IN THE MALAYSIAN WORK ENVIROMENT

Musheila A/P Wengda Selvam & Sharlini Takshena

Faculty of Business Management and Professional Studies, Management and Science University,
40100 Shah Alam, Selangor Darul Ehsan.

ABSTRACT
Although sexual harassment has been recognized in the workplace since the 1980s as a serious
misconduct in the West, it has only recently been recognized in the Asian region. Malaysian
workplace research revealed that 38 percent of female respondents had experienced one or more
forms of harassment, with younger women in lower occupational categories forming a substantial
proportion of victims. It was also important to note that 32 percent of male participants said sexual
harassment had occurred to them. Despite the existence of sexual harassment policies in almost
all the companies, there are still differential perceptions of the issue. Sexual harassment is
extremely disputed as a problem and as a method, with males realizing and ranking less
harassment than females.While females are compelled to embrace such conduct as part of the
culture of job, they also resist in multiple respects, including lodging official report. Sexual
harassment reflects the unequal power relationships in society between men and women, with the
use of sexuality as part of this control. Indeed, the problem of sexual harassment, supported by
religious ideology, is used as a instrument for controlling female sexuality, clothing, and conduct,
particularly among Muslim women. Various research methods were used in a combination for the
preparation of this article. The sources that have been used are secondary sources which are
doctrinal legal analysis and secondary databases. We have gone through literature reviews,
research on e-journal or web; and legislation studies from various sources such as books, journals
and articles that was made for the references of this research.

KEYWORDS: Sexual Harassment; Employer; Employee; Malaysia; #metoo

INTRODUCTION
Sexual harassment is sexual conduct that is unwanted and unwelcome. It creates a hostile and
intimidating work environment for the victims when such harassment takes place in the workplace.
It was unavoidable that the business world would be sucked into the furious discussion incited by
the worldwide #MeToo Movement. Its introduction to the world precisely a year back has
constrained worries with harassment in the working environment to enter the open field at a
worldwide dimension in a manner that is both remarkable and untold (Matteo Winkler, 2018).
Studies have found that women experience a disproportionately higher rate of sexual harassment,
with survey figures ranging from 40% to 80% of female employees reporting sexual harassment
by their male colleagues or supervisors in their jobs (Aggarwal, 1992).
Sexual harassment in the workplace is increasingly recognized as a serious misconduct as more
women enter the labor force. Driven by the ongoing campaign of women's groups and unions
around the world, sexual harassment is now being condemned as a form of gender discrimination
and human rights violations (ILO, 2001).

Like elsewhere, in Malaysia, sexual harassment is not new. Until very recently, it was not
articulated or recognized as a social phenomenon. Although very few studies have been conducted
in the Malaysian context compared to the industrialized countries, a recent survey involving 586
public administrators found that half of the female respondents and 43% of the male respondents
reported some form of sexual harassment in their workplace (Sabitha, 1999).
Despite government exposure to the problem, though, opinions on what represents sexual
harassment continue to vary. Compared to women, fewer men consistently view an incident as
sexual harassment (Powell 1993). Some women do not recognize sexual harassment or even deny
it when it happens.

This first part of this article discusses the nature of sexual harassment and perceptions of the issue
in the Malaysian workplace among women and men employees. It first examines the concept and
definition of sexual harassment, followed by a discussion of the various perceptions of gender on
sexual harassment. Various methods are then delineated that explain the incidence of sexual
harassment. The second part of this paper, which is the main thrust of this topic is the legal
measures that are taken by the government pertaining Sexual Harassment at workplace. Last but
not least, the recommendation to develop the current legislation in Malaysia followed by the
concluding remarks which talks about the overall final thought in the research.

CONCLUSION
There are still differences of opinion despite the increased knowledge about sexual harassment,
the problem remains extremely disputed. It is precisely a bone of conflict among women and men
that constitutes sexual harassment with men who consistently see fewer sexual harassment than
women. Women use sexual harassment in a broader range of sexual behaviors, while males prefer
to rate levels. In our research, men who have been reporting sexual harassment usually considered
to be' ordinary masculine conduct' which means that females do not have a option but to
acknowledge such behaviour.

It has been discovered that religion, especially Islam, performed an significant part in influenceing
if not guiding a person's way of dressing, because many Malaysian women and men stated that
Muslim women should be appropriately molded according to Islamic doctrines. The idea of sexual
harassment appears insidiously used to regulate women's sexuality, especially Muslim women. In
this case, if she was clothed in a seductive way, it would be to punish the victim.
Sexual harassment represents an unequal social power relationship. Those in charge often ask their
subordinates to follow the row. It simply symbolizes the lower position of females in culture when
it comes to coworkers, especially when females are perpetrators.
Sexual harassment is influenced by the unequal allocation of cultural, political, financial and legal
authority between women and men as gender-based violence and infringement of human rights. In
the workforce, sexuality is utilized as a means of male authority over females who are seen either
to carry lower labour or as menacing men's life routes. On the other side, males must meet or over-
comply with the men's standard of expected actions if not approved sexual harassment.. However,
this does not mean that females do not harass males or that there is no homosexual harassment.

This unequal position of women in society and at the workplace in general must be covered before
training and awareness programs address a particular problem of sexual harassment. The issue of
power and control has to be addressed in the context of men who harass other men.

REFERENCES
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