Sexual harassment: the law and well being

Abstract

Sexual harassment is a major problem around the world particularly at workplaces. Many countries have addressed the problem by legal means, namely enacting legislation. In Malaysia the absence of specific legislation on sexual harassment has deprived our courts to deal with the problem directly. In Malaysia sexual harassment is often dealt with under the Penal Code as a criminal offence, namely as criminal intimidation, insult to the modesty and assault. Alternatively, a victim may pursue under the law of tort or if the victim is dismissed from work, then the matter is dealt with under the Industrial Relations Act as a dismissal case and again not as sexual harassment per se. The Ministry of Human Resources has introduced the Code of Practice on the Prevention and Eradication of Sexual Harassment in the workplace, however this code has no legal force and the usage of the Code is optional. The impact of the absence of specific law on sexual harassment include lack of awareness about what amounts to sexual harassment and what to do if subjected to sexual harassment. Apart from that sexual harassment at workplace has negative effects on the well being of employed women, a shown by research conducted on secretaries/clerks in Malaysia.