Sexual harassment in the workplace is a serious issue that impacts individuals across all industries. It can severely affect a person’s dignity, regardless of the form it takes. The consequences for victims can be profound and may include:

• Reduced motivation to work
• Increased anger and a hostile work environment
• Disruption of daily life
• Negative effects on career performance
• Mental health challenges

Importantly, sexual harassment does not only affect female victims; male victims also report experiences of harassment at work. A survey by the Women’s Aid Organization (WAO) in Malaysia found that 62% of 1,010 Malaysian women reported experiencing sexual harassment in their workplaces.

Fortunately, Malaysia has laws in place to protect individuals from sexual harassment in the workplace. This article outlines general steps you can take if you find yourself a victim of sexual harassment at work.

Definition of Sexual Harassment

According to Section 2 (g) of the Employment Act (Amendment) 2022, sexual harassment is defined as:

“Any unwelcome behavior of a sexual nature, whether through words, gestures, images, or physical actions, directed at someone that is offensive, humiliating, or poses a threat to their well-being, occurring in connection with their employment.”

Categories of Sexual Harassment

According to the definitions in the Code, sexual harassment can be classified into two main categories:

1. Sexual Coercion: This involves harassment that impacts the victim’s employment. For example, when a superior pressures an employee to provide sexual favors in exchange for job benefits like promotions or salary increases.
2. Sexual Annoyance: This type of harassment includes sexually inappropriate behavior that is offensive or creates a hostile environment for the victim but is not directly related to their job responsibilities.

Examples of sexual harassment

Sexual harassment can involve behaviors such as:

• Unwanted and inappropriate touching
• Offensive comments about someone’s appearance
• Sharing vulgar or obscene jokes
• Constantly asking someone out on dates or for sexual favors
• Offering gifts, favorable evaluations, or promotions in exchange for sexual favors.

Self-Help Legal Procedures for Victims

Victims of sexual harassment can take several self-help legal steps, including:

1. Document the Incident: Keep a detailed record of the harassment, including dates, times, locations, and descriptions of what occurred.
2. Gather Evidence: Collect any evidence that supports your claims, such as messages, emails, or witness statements.
3. Report the Behavior: Inform your employer or HR department about the harassment, as many workplaces have procedures in place for addressing such issues.
4. Seek Support: Reach out to friends, family, or support groups for emotional support and guidance.
5. Consider Legal Action: If necessary, consult with a legal professional to discuss your options for filing a formal complaint or pursuing legal action.
6. Know Your Rights: Familiarize yourself with the laws regarding sexual harassment in your jurisdiction to understand your rights and protections.

The Communications and Multimedia Act 1998

Legal Implications of Sexual Harassment Under Section 233 of the Act states that a person commits an offense if they:

• Initiate the transmission of any obscene, indecent, false, or offensive comment, request, suggestion, or other communication intended to annoy, abuse, threaten, or harass someone else.

If found guilty, the harasser may face a fine of up to RM50,000, imprisonment for up to one year, or both. Additionally, they could incur a fine of RM1,000 for each day the harassment continues after conviction.

Therefore, any employee who believes they have experienced sexual harassment via electronic communications, such as emails or text messages, can file a report with the police based on this section.