FKLT/06-00

Assignment Cover– be sure to keep a copy of all work submitted

Name(s) 1. Maizatul Batrisyia Binti Mamat

2. Nur Ayunie Binti Anuar
3. Nur Aliyah Zulaikha Binti Norazley
4. Siti Arifatul Hikmah Binti Mohd Hasrullah Hasmad
5. Wan Nuraisya Binti Zamri
ID Number(s) 1. AM2011008077
2. AM2011008079
3. AM2011008071
4. AM2011008072
5. AM2011008081
Lecturer: Sir Alif Bin Idham Lab group / Tutorial group / Tutor (if applicable)

Course and Course Code Submission Date:

Organizational Communication (HCC1093) 23rd March 2023

Assignment No. / Title Extension & Late submission:

Allowed / Disallowed
Written report (Sexual Harassment in the Workplace in Malaysia)

Assignment type: % of Assignment Mark Returning Date:

Group work 20% 21st March 2023

Penalties:
1. 10% of the original mark will be deducted for every one-week period after the submission date
2. No work will be accepted after two weeks of the deadline
3. If you were unable to submit the coursework on time due to extenuating circumstances you may be eligible for an
extension
4. Extension will not exceed one week

Declaration: I/we the undersigned confirm that I/we have read and agree to abide by these regulations on plagiarism and
cheating. I/we confirm that this piece of work is my/our own. I/we consent to appropriate storage of our work for checking
to ensure that there is no plagiarism/ academic cheating.

Signature(s):

Full Name: (Nur Ayunie Binti Anuar) (Nur Aliyah Zulaikha Binti Norazley)
(Siti Arifatul Hikmah Binti Mohd Hasrullah Hasmad) (Maizatul Batrisyia Binti Mamat)

(Wan Nuraisya Binti Zamri )

This section may be used for feedback or other information

 Sexual Harassment in the Workplace in Malaysia

Introduction

In Malaysia, sexual harassment in the workplace is not uncommon. According to

PDRM data, there were 1,218 documented sexual harassment instances between 2013
and 2017. 79 percent of the cases involved women, while 21 percent included male
victims. [1]. Section 509 of the Malaysia Criminal Code [2] addresses sexual harassment
and criminalizes anybody who seeks to offend a person's modesty. While the Malaysian
Criminal Code gives some protection against sexual harassment, it only provides modest
protection against sexual harassment in the workplace.

Other than that, according to a survey conducted by the Women's Aid Organization,
62% of the 1,010 Malaysian women polled reported experiencing some type of sexual
harassment at work.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual

favors, and other verbal or physical harassment of a sexual nature. There are numerous
variations on sexual harassment, not just one. For examples, its actual or attempted rape
or sexual assault, unintended pressure for sexual services, unintended intentional
touching, leaning excessively, cornering, or pinching, inappropriate sexual looks or
expressions, unwanted texts, phone calls, or materials of a sexual nature, and
inappropriate sexual teasing, jokes, remarks, or questions are all examples of sexual
harassment.

Using sexual references or stories, referring to an adult as a girl, doll, babe, or honey,
whistling at a lady, making catcalls, bringing up sexual issues during professional
conversations, and indulging in sexual stories or innuendos yourself are also counted as
prohibited.

The purpose of this report is to define workplace sexual harassment in Malaysia. It

also contains some description of the issue, government actions, the success of the
efforts, and some of our thoughts on the matter. This study necessitated some online
research, as well as gathering comments from as many individuals as possible using a
Google Form in order to acquire information about this case.
Explanation of the issue

According to section 2 of the EA Act, sexual harassment is defined as any

undesirable or unwelcome behaviour that is sexual and may make the person being
harassed feel uneasy, humiliated, or insulted. Harassment also includes any words,
gestures, or items that invade the privacy of that individual. The Ministry of Human
Resources released the "Code of Practice" on the Prevention and Eradication of Sexual
Harassment in the Workplace in 1999 as guidance for managers and workers. The EA
1955 meaning of sexual harassment and the term found in the Code of Practice are
identical. It states that sexual harassment includes touching a colleague's thighs, making
lewd or offensive jokes about a co-worker of the same or opposite gender, and
persistently asking a co-worker out on a date despite getting turned down several times.

Besides, The Code of Practice further divides this definition into two categories
which are sexual coercion and sexual annoyance. Sexual coercion occurs when the
victim's employment suffers directly due to the sexual abuse act or behaviour. A scenario
of sexual coercion is where a superior attempt to revoke work benefits from a subordinate
if the subordinate declines the superior's request for a date.
Meanwhile, sexual behaviour that is offensive, aggressive, or intimidating to the receiver
but has no immediate connection to any work advantages is called sexual annoyance.
This definition includes interactions between clients of the business and workers that are
sexual. An instance of sexual pressure would be when a co-worker repeatedly makes
offensive and suggestive sexual comments to a co-worker of an equivalent level.

In Malaysia, professional sexual harassment is a regular occurrence. While the

Malaysian Criminal Code's rules provide some defence against sexual harassment, they
only offer very little protection against sexual harassment in the workplace. According to
data from the Royal Malaysian Police (PDRM), there were 1,218 recorded instances of
sexual harassment between 2013 and 2017. Of those cases, 79% involved female
victims, while 21% involved male victims.
 Moreover, based on The Code of Practice provides that sexual harassment is not
confined to acts towards female employees only. It provides for acts done towards both
male and female employees, as perpetuated by either gender.
Furthermore, calling someone "sayang" repeatedly and flirting with colleagues are
unacceptable behaviours in a formal work setting. In a poll conducted by the Women's
Aid Organization, 62% of the 1,010 Malaysian women who responded said they had
encountered sexual abuse at work in some capacity. According to the Code of Practice,
sexual harassment extends beyond incidents involving only female workers. It involves
behaviours perpetrated by either gender towards male and female workers.

In conclusion, employers should take the initiative to learn what sexual harassment in
the workplace entails in Malaysia and implement internal policies and measures to help
avoid experiences of this kind. Malaysia has taken steps to increase public understanding
of the severity of sexual abuse. Sexual harassment charges or accusations in the
workplace shouldn't be disregarded or carelessly discarded. Employers should be vigilant
in raising awareness and managing sexual harassment complaints.
Actions that have been taken by the government

Sexual harassment has been reported almost everywhere in the country. Despite the
fact that there are penalties for those who engage in sexual harassment, some people
continue to engage in this immoral behaviour. Exposure to pornographic videos could be
one of the causes of this problem. As a result, in order to address this issue, our
government has passed the Anti-Sexual Harassment Act of 2022. After going through the
usual procedures for this legislation to be passed as law in Malaysia, the Malaysian Anti-
Sexual Harassment Act 2022 ("ASH Act") has finally been passed as law after going
through the usual procedures for this legislation to be passed as law in Malaysia. The
Anti-Sexual Harassment Bill 2021 ("ASH Bill") was introduced in the Malaysian House of
Representatives (Dewan Rakyat) for the first time on December 15, 2021, and again on
July 15, 2022.Fortunately, on July 20, 2022, the Dewan Rakyat passed the ASH Bill.
Following that, on August 11,2022, the Malaysian Dewan Negara (Senate) tabled and
passed the ASN Bill. Moreover, His Majesty, the Yang Di-Pertuan Agong, granted royal
assent for the ASH Bill to become law on October 8, 2022.Issuing a new legal act is not
easy as there are many steps to be passed. In fact, until recently, sexual harassment was
not considered a crime, but it is now. It was published in Malaysian newspapers after
being gazetted. The goal of this act is to give anyone who has been sexually harassed
the right to seek redress. Moreover, the Anti-Sexual Harassment was established to raise
awareness and prevent the occurrence of sexual harassment.

Furthermore, a complaint box was established in the workplace in Malaysia. Most

clinics, offices, police stations, and other workplaces in Malaysia have complaint and
suggestion boxes to enable the employees to state the matter that they are unsatisfied
with and also to reflect the initiatives introduced to improve the quality of the service. The
step has been taken to make the complaint filing process for female employees who have
experienced sexual harassment easier. Actually, both genders, either women or men,
can be the victims, but based on the most reported cases, the women usually become
the victims. This is due to the fact that men are more lustful and braver than women.
Moreover, in the complaint letter, they can also choose to write their names or just keep
them anonymous. It is a good move as most of the employees are afraid to complain
about an unresolved issue to their boss as they might worry about being fired. Hence,
they can express their feelings without hesitation, as they don’t have to feel ashamed
since the writer’s name does not appear in the letter. The victims usually feel ashamed,
as they might think people around them will despise and make fun of them. Besides, they
also worry that people might not believe them and say that they just made up a story,
especially when the sexual harasser is a pious man. For instance, there was a case of a
Form 5 student, Ain Hasnizam, who made a report of her teacher, Khairul Nizam
Sanuddin, making a rape joke during class in April 2021. Her teacher explained that there
were numerous laws in place to protect minors from sexual abuse. Then he also said that
men should rape older girls, who are at least 18 years old, and not the ones younger than
18. It was just a joke for him, but regarding Malaysian law, it is considered a crime. As an
educated person, he shouldn’t act like that, and it is such an embarrassing behaviour.

Apart from that, in order to reduce this immoral issue, the government also provide
punitive punishment for those who commit sexual harassment may end up paying their
victims compensation of up to RM250,000 or be jailed for two years. It is such a heavy
punishment as both give a huge impact to the sexual offenders especially for paying the
compensation as not all people in our society are born with a golden spoon. So, it is quite
hard for them to settle down this case. An offender will be required to issue an apology in
addition to making restitution. If the sexual harassment occurs in public, the perpetrator
must issue a public apology. It is a form of violence against women. Apart from that, the
sexual harasser may find it hard to get job after being jailed and will be looked down by
the people surrounding. By providing these kinds of punishments, the society might be
aware and scared of committing the sexual harassment act. It is a good way to give them
awareness of this matter.

Last but not least, sexual harassment can result in serious liability, including punitive
damages intended to punish the company for handling the complaints improperly. Even
if a low-level supervisor violates company rules and policies, the company may face
significant liability. Moreover, the government increase the penalty from RM10,000 to
RM50,000 for companies which fail to act against incidents of sexual harassment in the
workplace. The Minister of Women, Family and Community Development said that
companies would also be required to display anti-sexual harassment posters or materials
in the workplace. The employer should defence the victims as well as show respect,
understanding and concern including in initial responses to the complaining party. As an
employer, he should be responsible for his employees’ safety at the workplace and should
not ignore the issue reported easily.
The effectiveness of the actions

Every action has its effectiveness. The same goes for the actions that the
management or government has taken on sexual harassment at an organisation,
workplace, etc. As mentioned, there are plenty of actions and rules have been taken from
this problem. As well as, some of the actions may be effective, and some of them are not.

As of this date, we know that the anti-sexual harassment act 2022 has been
published, and some existing laws have been created for a very long time for the purpose
of the sexual harassment cases that happened in Malaysia. This action shows that it is
very important. Not only act 2022 but many acts and laws have existed. In addition, the
existing local law helped the government analyse and collect the data of the cases. For
example, the gender, roles, age of the victims, and types of harassment that happened
to the victims. But the data will be collected if the victim reports the cases to the company
or to the government. From the journal The Effectiveness of Existing Laws to Prevent and
Curb Sexual Harassment by Asian Strategy & Leadership Institute. It shows in the journal,
due to the fact that they surveyed to collect the data, and it proves that the rate of sexual
harassment is higher when perpetrators of a different gender than the victim are involved.
For the opposite gender, it shows that sexual harassment of Physical 72.9%,
Psychological 72.7%, and Visual 74.8% compared to the same gender, Physical 62.7%,
Psychological 65.5%, and Visual 71.2%. These also helped the government punish the
sexual predator, which is the perpetrators may be sued in civil court by the victims for
damages if the victims file the charges. For example, based on Penal Code Section 354,
if the sexual predator did an assault or illegal force used against a person with the goal
of offending her dignity, they will be punished maximum of a 10-year sentence,
exemplary, whipping, or any two of these penalties. As a matter of fact, this action is
effective since it will make the sexual predators get to be punished, and the victims will
feel safe and win their rights.

Next, if the company, workplace, or organisation establishes a complaint box, it

might be effective for a company that takes this matter seriously. The complaint box will
make the victims of sexual harassment make a complaint in regards to that a co-worker
or colleague who has harassed them. This is crucial since many cases of sexual
harassment remain unreported because the victim is unsure of whether the behaviour
genuinely constituted sexual harassment and, if so, where to file a complaint and what to
do. In the event of that the leader of the company itself didn't take sexual harassment as
a bad thing, the complaint box is useless and may not be effective.

In conclusion, all the actions have their effectiveness in order to prevent sexual
harassment from happening, but it also depends on our awareness of this matter. In The
Beauty Myth, Naomi Wolf said, "Beauty provokes harassment, the law says, but it looks
through men's eyes when deciding what provokes it." So, everything starts with us
deciding what's good and bad.
Personal review/ opinions on the issue
As for our personal review on this issue, which is sexual harassment, it is extremely
bad and negatively affects people of both genders, though prominently females in any
organization or more specifically in the workplace. We discovered that sexual harassment
in the workplace continues to be a serious, persistent, and worryingly unresolved issue.
Despite the fact that women try to compensate for almost half of the workforce, sexual
harassment occurs in virtually every sector of the economy, from male-dominated sectors
and workplaces to female-dominated industries and workplaces, and from low-wage and
precarious positions to high-wage professions. In our opinion, sexual harassment can
occur for both genders, men and women; however, males frequently appear as harassers
and women as victims. What I can say is that the victim can be emotional stress, which
can have an impact on motivation, effectiveness at work, and the breakdown of family
relationships. Because of the natural attraction between human and male behavior, men
have larger and more aggressive sex urges than women, and sexual harassment in the
workplace is an extension of human sexuality. Furthermore, males with dominant
authority usually use their power to approach women, and women typically have less
power and influence in the workplace than men.

Sexual harassment does not happen as a consequence of a passing event or desire.

Power imbalances drive it in all areas. In every sector of the economy, men hold
substantially more positions of authority. Even in professions where women predominate,
men are more likely to be supervisors, principals, and managers. Race and racism add
another dimension to systemic power disparities in all sectors. The factor side that we
can go over is how they outfit themselves. Nonetheless, Malay and non-Malay attire styles
differ due to religious and cultural differences. Malays wear 'tudung' with long dresses,
while non-Malays prefer western design. Furthermore, the sex ratio, sexist attitudes, and
available workspace make it easy for sexual harassment to occur. Furthermore, if the
victim's physical attractiveness attracts the harasser, this could be the factor motivating
the harasser. Moreover, male coworkers may take action or establish unwelcome sexual
attention towards female employees. We believe that female workers who dress more
attractively will face more sexual harassment than female workers who dress less
attractively.
 Sexual harassment and hostile work environments have a negative impact on an
individual's physical, mental, and psychological health. Individuals may have low self-
esteem and stress-related concerns that impair their personal and professional lives.
Additionally, sexual harassment and hostile work situations have a severe impact on an
individual's psychology, resulting in despair, emotional tension, and anxiety. These
psychological consequences might manifest physically in the form of weight loss or gain,
difficulty sleeping, headaches, and an increased appetite. These are frequently visible
signs of sexual harassment and have been identified by psychologists as leading reasons
for poor job performance. People suffering from these impacts will develop a lack of job
satisfaction as they dislike their jobs. The occurrence of sexual interactions or workplace
romances is another key feature of hostile working environments that impacts both people
and organizations. These are sexual partnerships between two people that are mutually
desired. These connections, such as sexual harassment, have an equal impact on an
individual's and an organization's performance. This is because they have an impact on
an individual's mental and psychological condition, which has a direct impact on their
workplace interactions and production.

In our opinion, any confusion about sexual harassment should involve the offender
imagining themselves as the recipient and considering whether it would be considered
objectionable from that perception. Conversely, it entails the potential perpetrator
undertaking limited study and detecting potentially hazardous behavior. Unfortunately,
the establishment of a supportive workplace culture, combined with a lack of effective
mechanisms to address the issue at the executive level, means that much sexual
harassment remains undetected. This shows that this is primarily a managerial issue that
may be remedied by the implementation of appropriate reporting systems, appropriate
restitution, and victim support. There is significant evidence of how workplace sexual
harassment occurs as well as the effects it has on victims, and this evidence clearly points
to a set of well-researched approaches that can be utilized to address this issue. Sexual
harassment in the workplace in Malaysia is far too serious, endangering a woman's
morale and way of life. Also, women who go through it will suffer psychologically. As a
result, prevention is preferable to cure. This has educated me more about sexual
harassment in social psychology and increased my respect for women.
Conclusion
To summarize, sexual harassment is defined as any sort of unwanted sexual behavior
that is insulting, embarrassing, or scary. Also, it is illegal to sexually harass anyone. It has
taken a long time for sexual harassment to be recognized as a legitimate issue. Yet, it is
a start towards protecting people from harassment.

In some circumstances, victims are hesitant to report harassment and discrimination.

Reporting such behaviors is usually humiliating; therefore, workers may believe that their
efforts will be worthless. Such accidents jeopardize a company's reputation and finances,
and many examples go unnoticed. Complaints are frequently met with anger, increased
harassment, or other types of retaliation and termination (Conte, 2019). To avoid such
scenarios, firms must ensure that their employees are informed of their working rights and
that the overall atmosphere in the company is devoid of such hazards.

Sexual harassment is a very real problem that remained unreported for a long time,
but not any longer. It is critical that we all take steps to prevent this from happening
because it seriously harms the victim's life. As a result, make certain that you assist those
who are victims of sexual harassment and hold the culprit accountable. It has serious
consequences for the victim, including severe psychological repercussions such as
anxiety, sadness, headaches, sleep difficulties, low self-esteem, sexual dysfunction, and
more.

As a result, employers must pay close attention to their working environment. To

prevent and regulate the problem, certain regulations and principles should be
established. Furthermore, employees should be educated and aware of their employment
rights.
References

The Star (2022, July 21) Sexual harassment now a crime

Sexual harassment now a crime | The Star

Lynne Hermle (2017, November 13) 15 Key Steps for Companies Responding to
Sexual Harassment Or Discrimination Allegations
15 Key Steps For Companies Responding To Sexual Harassment Or Discrimination
Allegations (forbes.com)

Women’s Centre for change (2020) Laws in Malaysia: Laws Related to Sexual
Harassment
Sexual Harassment: Laws in Malaysia – WCC (wccpenang.org)

Ameerah Nasri (2020, March 23) A comprehensive Sexual Harassment Bill: A step
in the right direction?
A Comprehensive Sexual Harassment Bill: A Step in The Right Direction? - UMLR |
University of Malaya Law Review (umlawreview.com)