Raise your hand if you had ever felt uncomfortable with a sexual innuendo made by a colleague.
Or if someone in your office keeps asking you out for dinner after you've said no several times.
Or if your superior had shown a weird favoritism toward you simply because of your physical appearance, be it age, race, or gender.
Unfortunately, workplace harassment is not a new thing.
In just the past few years, several notable figures have been exposed as serial harassers in their fields. From French gaming company Ubisoft to American daytime television variety series The Ellen DeGeneres Show, various people have been accused of alleged harassment in the workplace.
Even in Malaysia, former presenter Umapagan Ampikaipakan from local radio station BFM89.9 was dismissed after claims of ongoing sexual harassment allegations came to public knowledge.
But some people may think that the dismissals are too much. After all, there isn't an exact boundary between friendly banter and straight up harassment, right?
Wrong. According to Malaysia's Industrial Court, there is a boundary. And it includes non-physical acts as harassment too.
In a case spotlight by Donovan & Ho, the recent case of Loganathan Maniam v Murphy Sarawak Oil Co Ltd was brought to court after the claimant was dismissed on the grounds of misconduct.
The claimant had committed the following acts of sexual harassment against his secretary.
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Called her "sayang" (a Malay term used as an endearment, typically between two people who are initimate) publicly in front of others and through messages
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Committed inappropriate physical behavior by putting his hands around her shoulders, shaking her hands unnecessarily on a daily basis, and touching her cheek
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Gave her unwanted gifts such as Armani Code perfume, hand cream, flowers, and chocolate, and unwanted attention through text messages and in person
- Ordered her to carry out work outside of her job scope including picking him up from the airport, following him to buy clothes for a dinner, and expected her to show him to his hotel room personally
And yes. All of these acts are counted under sexual harassment.
According to Malaysia's legal context, sexual harassment is usually discussed under the context of the workplace.
Under the Employment Act 1955, sexual harassment is defined as “any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment.”
Thanks to the Industrial Court's decision in the case, non-physical actions can be construed as sexual harassment, especially if it's unwanted.
If you or someone you know is experiencing workplace sexual harassment there are steps you can take to protect yourselves.
It's compulsory for employers to investigate claims of sexual harassment under Section 81F of the Employment Act 1955.
If your employer fails to do so, they're liable to a fine of RM10,000 (US$2,345).
You can also make a police report under Section 509 of Malaysia's penal code.
Last but not least, a landmark decision by the Federal Court in 2016 now allows sexual harassment survivors to sue their harassers.
If you need additional support, local organizations such as the Women's Aid Organization (+603 7956 3488) or All Women's Action Society (+603 7877 0224).
Remember, you're not alone.
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Cover image sourced from Tavaana.org.
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Calling your Malaysian colleague 'sayang' in the workplace now counts as sexual harassment - Mashable SE Asia
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