Sexual Harrassment at Workplace: A Need for aSpecific Law in Malaysia

Abstract

In Malaysia, there has appeared no specific and comprehensive legislation deals with sexual harassment in the workplace yet. Unlike other illegal behaviors such as rape and domestic violence, sexual harassment has seemingly been regarded as a mere workplace problem and hence given less attention by lawmakers and the government. The studies in 2019 show that 60% of people from various work fields reported that they experienced and were the victims of sexual harassment within the workplace setting in Malaysia. The report also indicates that the leader at their workplace or someone superior usually committed the harassment and sometimes their colleague did such act. Indeed, sexual harassment is conduct where males play a vital role as a harasser, but it is undeniable that men are also likely to be sexually harassed. Despite the provision in the Penal Code, Employment Act 1955, and Code of Practice on the Prevention and Eradication of Sexual Harassment in the workplace, the number of cases is still on the rise. Given the extent of the problem, the objective of this paper is to examine the existing legal provision in Malaysia governing sexual harassment and the judicial approach in dealing with sexual harassment cases in Malaysia. The authors contend the need for a specific law to address the sexual harasment in Malaysia, considering the insufficiency and inefficiency of the available legislative provisions.