(2009) 17 IIUMLJ 271

THE NECESSITY FOR A SEXUAL HARASSMENT

ACT IN MALAYSIA

Sarvinder Kaur *

ABSTRACT

Sexual harassment is a major problem at the

workplace. The options of recourse available to a
person subjected to sexual harassment are:
complaining to the employer, complain to the Labour
Department, pursuing criminal proceedings under
the Penal Code and commencing action under the
law of tort. All of these options are not conducive.
In 1999 the Ministry of Human Resources launched
the Code of Practice on the Prevention and
Eradication of Sexual Harassment in the workplace.
The aim is to provide guidelines to employers on the
establishment of in-house mechanisms at the company
level to prevent and eradicate sexual harassment in
the workplace. While the Code has been the first
concrete step towards recognising the seriousness
of the issue, it is a voluntary code and the Ministry
cannot compel companies to adopt it. A proposed
Sexual Harassment Bill, which could give effect to
the United Nations Convention on the Elimination
of All Forms of Discrimination against Women that
seeks to eliminate as far as possible discrimination

*
Senior Lecturer, Department of Government and Civilization Studies,
Faculty of Human Ecology, University Putra Malaysia.
272 IIUM LAW JOURNAL VOL. 17 NO. 2, 2009

involving sexual harassment in the workplace, was

rejected by Parliament. In the absence of a specific
statute, sexual harassment at the workplace is often
dealt with as dismissal cases under the Industrial
Relations Act 1967. This prevents our courts from
dealing with sexual harassment issues such as the
burden of proof, definition and other matters. This
is important as many sexual harassment cases are
unreported because of unawareness on the part of
the victim as to whether the action actually constituted
sexual harassment, and if so, where to complain and
what to do. Apart from the legal implications of
sexual harassment, sexual harassment could also
affect the well-being of the victim.

INTRODUCTION

Sexual harassment generally means unwelcome sexual conduct.

Sexual harassment has been defined in various terms. The International
Labor Organisation (ILO) refers to sexual harassment as a violation of
the fundamental rights of workers, a safety and health hazard, a problem
of discrimination, an unacceptable working condition, and a form of
violence, usually against women workers. The menace of sexual
harassment has also been given due recognition by the United Nations in
its Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) which specifically provides for the elimination, as
far as possible, of discrimination involving sexual harassment in the
workplace, in educational institutions and in other areas of public activity
and the promotion of recognition and acceptance within the community
of the principle of the equality of women and men.
In the domestic context, many countries individually have enacted
laws which specifically prohibit sexual harassment and provide precise
definitions as to what amounts to sexual harassment. In the United States,
sexual harassment is prohibited by Title VII of the Civil Rights Act 1964,
which recognises two types of sexual harassment: first, sexual coercion
(quid pro quo), which is an employment discrimination as it directly
affects the victims employment status; secondly, sexual annoyance which
is not directly connected to loss of employment benefits but creates a
The Necessity For a Sexual Harrasment Act in Malaysia 273

hostile working environment. In Malaysia, the absence of specific

legislation on sexual harassment has deprived Malaysian courts from
dealing with cases of sexual harassment, such as interpreting the facts
of a case expressly based on the definition of sexual harassment. In
Malaysia, cases involving sexual harassment are normally dealt with under
the Criminal law (Penal Code), the law of Tort or as an employment
dismissal matter under the Industrial Relations Act 1967.
Under the Penal Code, complaints are dealt with as assault,1
outrage on modesty,2 outraging of decency,3 criminal intimidation4 and
using words or gestures to insult the modesty of a woman.5 The closest
offence under the Penal Code is section 509 which provides:

whoever, intending to insult the modesty of any women,

utters any words, makes any sound or gesture or
exhibits any object, intending that such word or sound
shall be heard, or such gesture or object shall be seen
by such women, shall be punished with imprisonment
for a term which may extend to five years or with a
fine, or with both.

However, criminal law is not a preferred choice as it involves a

high burden of proof and the requirement of intention. Furthermore, the
nature of criminal law is to punish the offender rather then compensating
the victim which is normally preferred by the victim especially if she/he
had suffered loss, for instance loss of job and salary. Alternatively,
pursuing an action of sexual harassment under the private law of tort
may be a more preferred choice but a costly one, as the victim will have
to hire her/his own lawyer and endure a lengthy litigation process. Sexual
harassment at the workplace can sometimes result in dismissal of the
victim. The victim may resign due to unbearable sexual harassment in
the office that creates a hostile environment, or her/his employment may
be terminated due to it, despite of the person being the victim. In such

1
Section 351.
2
Section 354.
3
Section 377.
4
Section 503.
5
Section 509.
274 IIUM LAW JOURNAL VOL. 17 NO. 2, 2009

circumstances, the victim may have recourse to the Industrial Relations

Act 1967 which provides that when a work person has been dismissed
without just cause or excuse he may apply to be reinstated to her/his
former employment.
However, it is to be noted here that The Industrial Relations Act
1967 applies only to the private sector. The public sector is subject to the
Service Circular No. 22 of 2005, issued by the Public Service Department
of Malaysia. It provides guidelines for dealing with sexual harassment at
the workplace and makes reference to the Public Officers (Conduct and
Discipline) Regulations 1993. Rule 4A of the Regulations expressly forbids
sexual harassment among officers in the civil service.
In 1999, the Malaysian Ministry of Human Resources launched
the Code of Practice on the Prevention and Eradication of Sexual
Harassment in the Workplace,6 which provides guidelines for private
companies in dealing with sexual harassment at their workplace.
However, this is only a voluntary Code, and does not carry the force of
law. This means that the individual company may choose to implement
this Code in its workplace, at its discretion.
This Code allows the employer to tailor the provisions of the
Code to suit its own sexual harassment policy, thus resulting in the
inconsistency of policy from one company to another. A survey carried
out by All Women’s Action Society (AWAM) and Women’s Development
Collective (WDC)7 found that the time frame in carrying out the complaint
procedure differed from one company to another considerably, from the
total period ranging from as short as 16 days to as long as 112 days.
Another example for inconsistency is the number of opportunities given
to the harasser. One company has provided five opportunities to the
harasser before he is charged, while in another company a written apology
suffices if both parties are agreeable to reconcile, but the harassed is
immediately charged if it is the second offence. In yet another company,

6
The Code was the result of collaboration between many organizations,
including the Malaysian Trade Union Congress and the Malaysian
Employers’ Federation (MEF) under the auspices of the Ministry of
Human Resources.
7
Cecelia Ng, Zanariah Mohd Nor & Maria Chin Abdullah, A Pioneering
Step: Sexual Harassment and The Code of Practice in Malaysia,
Women’s Development Collective, Kuala Lumpur, 2003.
The Necessity For a Sexual Harrasment Act in Malaysia 275

if the perpetrator is from the management, he is immediately fired.

Therefore the Code should try to narrow the range of inconsistency.
The Code mentions in Article 32 that the employer should adopt
a consultative approach by involving trade unions. This is a very general
requirement, as many employers may want to limit the involvement of
trade unions to merely ‘consultation purposes’ and avoid direct
interference. The better approach would have been for the trade unions
or any other independent body to check and verify the procedures
implemented by the employers to ensure a degree of uniformity.
It is submitted that access to the complaints body should be by
various options, for example, in person, via e-mail, by phone or by writing-
in. Confidentiality is another important factor because victims may find it
embarrassing if their predicaments become public. The Code apparently
has failed to guarantee these.
The Code has failed to establish an independent body to look
into the implementation of the relevant procedures in a company. It is
submitted that the complaints body should not only be the employer (in-
house), because if the victim believes that there will be prejudice or is
not comfortable with complaining to the in-house body, there should be
an alternative party which could work together with the in-house body.
Article 18(iii) of the Code mentions that the company should
establish “an appeal procedure to enable dissatisfied party to appeal against
the outcome of an investigation to a higher authority.” However, it fails
to define the nature of the ‘higher authority.’
It should be noted that the Code has very well laid down the
disciplinary rules and penalties as well as protective and remedial
measures for the victims of sexual harassment.
A more comprehensive instrument to deal with sexual harassment
was presented to the Ministry of Human Resources by the Joint Action
Group Against Violence Against Women (J.A.G.)8 in March 2001. It
was the proposed Bill on Sexual Harassment. The Bill dealt with matters
such as vicarious liability, complaints procedure, procedure after complaint,
conciliation, inquiry, enforcement, appeals and others. However, as the

8
JAG comprises of Women’s Center for Change, Penang, Women’s
Development Collective, Women’s Aid Organisation, AWAM, Sisters
In Islam, MTUC, Persatuan Sahabat Wanita Selangor and Women’s
Candidacy Initiative.
276 IIUM LAW JOURNAL VOL. 17 NO. 2, 2009

Bill was seen as a step forward in eradicating sexual harassment, it was

not passed by Parliament, with the promise that provisions on sexual
harassment will be mentioned in the existing Employment Act 1955.
The Bill is more comprehensive as compared to the Code,
whereby it has remedied some of the shortcomings of the Code, such as
having a detailed step by step procedure with specific time frames and it
is not limited to internal complaints procedure but includes external
procedure of complaint. It is divided into seven parts with various divisions.
Part 1 comprises the interpretation of various terms such as
who is regarded as an “employer” and “employee,” what is meant by
“complaint” and “complainant” and what is a “workplace.”
Part 2 defines sexual harassment as:

Unwanted verbal or non-verbal or physical conduct

of a sexual nature with the purpose or effect of violating
the dignity of a person or creating an intimidating,
hostile, degrading, humiliating or offensive
environment.

Part 3, division 1 protects against victimisation of complainants

or persons associated with the complaint of sexual harassment (for
example, a person giving evidence). Division 2 prohibits authorising or
assisting sexual harassment. Division 3 dwells on the issue of burden of
proof. Section 21 lays down the principle of vicarious liability. This means
that when a person in the course of employment contravenes the Bill,
that person and the employer or principal must be taken to have
contravened the provisions, and the complaint may be lodged against
either or both of them. Section 22 provides the exception where an
employer or principal is not held vicariously liable for the actions of the
employee if the employer/principal can prove on the balance of
probabilities that the employer/principal had taken reasonable precautions
to prevent the act of the employee and had also taken reasonable action
upon receipt of a complaint relating to sexual harassment.
Part 4 mentions the appointment of a Director on sexual
harassment by the Yang DiPertuan Agong and an Assistant Director
by the Minister. The duties of the Director includes inter-alia advice
and making recommendations to the Minister on matters of sexual
harassment, consultation, and inquire into discriminations and the effects
of sexual harassment.
The Necessity For a Sexual Harrasment Act in Malaysia 277

Under section 31, the Director is required to submit a report, on

the operation of the Bill to the Minister annually which is to be tabled in
each House of Parliament within 14 days of receipt of the report or
commencement of the next session of Parliament.
Part 5, division 1 of the Bill lays down a simplified step by step
procedure. It explains what the victim has to do as well as the duties of
the Director and the Tribunal with relevant time frames. This Part
comprises 6 divisions: making a complaint, procedure after complaint,
conciliation, inquiry, enforcement of award, and review and miscellaneous
other matters. Division 1 allows a complaint to be made directly, which
means that it may bypass the internal mechanism, i.e, complaining to the
employer or the committee, although reasons for forsaking such remedies
may be required. This is an important provision because it can prevent
prejudices in the company. Among reasons why victims of sexual
harassment do not pursue action in their predicament is the fear of being
shunned by co-employees, the fear that the company may not believe
them or that the company may decide not to take any action at all.
Therefore, in the event that a victim is fearful of the reactions of the
company especially when the harasser is a person holding a high rank in
the company, and she believes that there is a possibility of bias, she can
safely invoke division 1 of Part 5.
The victim of sexual harassment is allowed to withdraw her
complaint stating her reasons for doing so, and the Director shall
investigate to ensure that the withdrawal is made voluntarily. Investigation
of withdrawal by the Director is an important provision as it tends to oust
any suspicious withdrawal.
Division 3 requires the Director to attempt to resolve the issue
by conciliation within 60 days from the completion of the investigation,
and section 43 requires parties to represent themselves, who may not be
represented by an advocate, adviser, consultant or by any other person
whatsoever. This would save time, cost and ensure receipt of first hand
information.
In the event that the conciliation fails, or the nature of the case
requires it to be referred for inquiry or when it is requested by complainant,
the Director refers the complainant to the Tribunal for inquiry. Although
the hearing of the inquiry is to be held in public unless otherwise directed
by the Tribunal and a person may be represented by an Advocate etc.,
the inquiry is held with little formalities and without delay. Therefore it is
different from lengthy court proceedings.
278 IIUM LAW JOURNAL VOL. 17 NO. 2, 2009

As to the burden of proof, section 56 provides:

i. A person who raises an issue at an inquiry is to prove that issue
on a balance of probabilities;
ii. It is not necessary for evidence of sexual harassment to be
corroborated before a respondent can be found liable in a sexual
harassment complaint.

Not having a legal instrument can be detrimental to a victim of

sexual harassment. As will be seen, the application of section 56 of the
Bill, that no corroboration is necessary, could have settled the problem in
the Malaysian landmark case of Jennico Associates Sdn. Bhd. v. Lilian
Therera De Costa.9 This case was decided to the disadvantage of the
victim where the High Court held that an allegation of sexual harassment
must be adequately corroborated and that to reply on the uncorroborated
evidence of the complainant alone would be very dangerous. An appeal
to the Court of Appeal was unanimously dismissed.
It is evident that a lot of care should be taken in cases pertaining
to sexual offences as there is the likelihood of ‘made up stories’ or
‘exaggerated’ facts being presented in order to frame another. However,
the requirement for corroboration in a case of sexual harassment could
be out of place since not many would commit such an offence in the
sight of a third person. Even if corroboration that is required is in the
nature that another has been duly informed of the incident ‘immediately’
(as was mentioned by the Court) who gives evidence in court of the
same although the latter did not witness the incident of sexual harassment,
it could still be unrealistic. This is because in the Asian society, anything
sexual in nature is not discussed openly, less so by women. Often, women
are blamed for the offence due to reasons such as dressing inappropriately,
thus inviting sexual advances. Furthermore, the dominant, patriarch, male
stereotype is still very much alive in the Asian society.
A number of cases have been pursued in the Malaysian courts
on the basis of sexual harassment, where the courts have favoured the
victim. In the case of Sitt Tatt Bhd. v. Flora Gnanapragasam &
Another10 the Malaysian High Court in confirming the decision of the

9
Jennico Associates Sdn. Bhd. v. Lilian Therera De Costa [Award No.
606 of 1996].
10
Sitt Tatt Bhd. v. Flora Gnanapragasam & Another [2005] 7CLJ 522.
The Necessity For a Sexual Harrasment Act in Malaysia 279

Industrial Court held that if an employer fails to resolve a complaint of

sexual harassment of an employee, that employee can claim constructive
dismissal. Among the issue adduced by the company in this case was the
delay on the part of the complainant to raise the issue of sexual harassment
and the failure to lodge a police report. To this the learned Chairman of
the Industrial Court responded that the law does not require the
complainant to lodge a police report and that it is the duty of the senior
Management Officers of the company to take remedial measures upon
a complaint of sexual harassment. The complainant is not guilty of any
dereliction but the officers are. The complainant was awarded back wages
in lieu of reinstatement.
Again, in the case of Melewar Corporation Bhd. v. Abu
Osman11 the court again emphasized the duty of employer in safeguarding
its employees against sexual harassment. In this case, upon complaints
of sexual harassment, a domestic inquiry was held, which found the
claimant to be guilty of sexual harassment, including physically molesting
female staff by touching parts of their bodies and making lewd suggestions
and verbal advances, sexual in nature. On the recommendation of the
panel of inquiry the claimant was demoted and transferred to another
company. When this matter reached the Industrial Court, the Learned
Chairman emphasised the contractual obligation of the employer towards
the employee to provide a safe and conducive working environment.
Therefore, the failure to stop acts of sexual harassment which had been
brought to the attention of the employer would amount to a breach of
contract. This entitles the employee to seek remedies because the
employer is deemed to have constructively dismissed the employee.

IN THE ABSENCE OF SPECIFIC LAWS

The main problem that arises in the absence of specific law is

the loss of the opportunity to commence legal action directly based on
the actual offence, in this case sexual harassment. As seen earlier, most
sexual harassment cases are dealt with as dismissal from work, rather
than sexual harassment at the workplace. This means that the
consequences of sexual harassment was discussed rather than the act

11
Melewar Corporation Bhd. v. Abu Osman [1994] 2 ILR807.
280 IIUM LAW JOURNAL VOL. 17 NO. 2, 2009

of sexual harassment itself, which calls for a person to resign first, pursuing
a case of sexual harassment thereafter as an element of that resignation.
Sexual harassment should be dealt with as a separate category
of illegal behaviour as was done in the Indian case of Vishaka v. State
of Rajasthan.12 India does not have a specific law prohibiting sexual
harassment, although the Indian Constitution prohibits discrimination based
on sex and guarantees just and humane conditions of work. The Indian
Court did a remarkable job in this landmark case where the Supreme
Court used the United Nations Convention on the Elimination of All Forms
of Discrimination against Women to establish detailed guidelines
prohibiting sexual harassment, including the meaning of sexual harassment
and the requirements for processing sexual harassment complaints. These
guidelines were meant to be used for enunciating laws regarding sexual
harassment in India.
Malaysia, being a member country of the United Nations, has
ratified several United Nations Conventions including The Convention
on the Elimination of All Forms of Discrimination against Women
(CEDAW). CEDAW came into force in 1981 and was ratified by Malaysia
with some reservations in 1995. CEDAW aims to eliminate discrimination
against women in all forms including politics, economics, employment,
cultural fields, public life, education, health and family. It urges state
members to condemn discrimination against women in all its forms and
to pursue by all appropriate means and without delay a policy of eliminating
discrimination, to embody the principal of the equality of men and women
through national constitutions or legislation, or by other appropriate means.
CEDAW, in its preamble, has mentioned that:

…discrimination against women violates the principles

of equality of rights and respect for human dignity, is an
obstacle to the participation of women, on equal terms
with men, in the political, social, economic and cultural
life of their countries, hampers the growth of the
prosperity of society and the family and makes more
difficult the full development of the potentialities of
women in the service of their countries and of humanity.

12
Vishaka v. State of Rajasthan [1992] SC, SOL Case No. 177.
The Necessity For a Sexual Harrasment Act in Malaysia 281

In Japan, several legislations were enacted to bring Japanese

law into conformity with the Convention, such as the amendment to the
Nationality Law in 1984, which conferred Japanese nationality on the
children of Japanese women. In China, the Chinese Constitution’s
guarantee of gender equality and China’s obligation under CEDAW
prompted the passing of the law on the Protection of Women’s Rights
and Interest in 1992. In Australia, in the case of Aldridge v. Booth13 the
Court was asked to declare the sexual harassment provisions of Australia’s
new Sex Discrimination Act unconstitutional, because the Federal
Government was prohibited from passing national legislation in the area
of sexual harassment in employment. However, the court upheld the Sex
Discrimination Act, agreeing with the Government that CEDAW
ratification had effectively expanded its ability to pass national laws
regarding women’s human rights. The court found that this power
extended, specifically, to the Government’s obligation regarding the
prevention of sexual harassment under CEDAW. Since the CEDAW
Committee has defined sexual harassment as discrimination in a General
Recommendation, and article 4 of CEDAW requires states to eliminate
all forms of discrimination against women, the Government therefore
had both the authority and the obligation to pass a national law prohibiting
sexual harassment.
The absence of specific law on sexual harassment also prevents
our courts from dealing with the elements of sexual harassment itself.
The Parliament passes a law, but the interpretation of the law is done by
the Courts. For instance, the generally accepted definition of sexual
harassment is ‘unwelcome sexual conduct,’ which is also mentioned in
the Malaysian Code of Practice on the Prevention and Eradication of
Sexual Harassment in the Workplace. What amounts to ‘unwelcome
sexual conduct’ will depend on the facts of a case, for the courts to
interpret. What may be deemed as sexual harassment by one may not
be deemed as such by another. A comment about a woman’s dress may
be taken as mere flirtation by one woman even when it may seem
offensive, when she is able to tolerate it and dismiss the statement
altogether, but another woman may take it as a sexist statement that she
totally disapproves, thus it may have a negative effect on her.

13
Aldridge v. Booth [1998] 80 ALR 1.
282 IIUM LAW JOURNAL VOL. 17 NO. 2, 2009

A precise definition is important because many women fail to

recognize sexual harassment when it occurs. A precise complaints
procedure is also important as most victims generally do not know what
to do when subjected to sexual harassment, or they are too embarrassed
or afraid to do anything when sexually harassed. In Malaysia, Marican14
found that while 83.1% of men and 87.7% of women had experienced
one form of sexual harassment, only 5.2% of male and 30% of women
labeled the incident as sexual harassment. The figures here obviously
speak volumes.

SEXUAL HARASSMENT AND THE WELL-BEING OF

WORKING WOMEN

A recent research on sexual harassment showed that women’s

well-being is affected when they are sexually harassed at workplace.15
This research was done on thirty working women who are married with
children in Kuala Lumpur. The age of the participants ranged from 24
years to 46 years with a mean of 32.40 years and a standard deviation of
5.37 years. The number of years of employment in their present
occupation showed a range of one to 20 years with a mean of 6.67 years
and a standard deviation of 4.53 years. Total number of years of
employment showed that participants had worked in the range of one to
25 years in total with a mean of 10.77 years and a standard deviation of
5.54 years. Participants’ hours spent at workplace ranged from seven to
11 hours per day with a mean of 8.53 hours and a standard deviation of
0.90 hours.
The questionnaire method of survey was applied. Among
questions asked were whether the participants or someone they knew
had experienced sexual harassment; the awareness of sexual harassment

14
Sabitha Marican, persepsi gangguan seksual antara lelaki dan wanita
di tempat kerja. Paper presented at National Seminar on Malaysian
Women in the New Millenium, 16-17 September 2000, Petaling Jaya,
Malaysia.
15
Sarvinder Kaur, Malaysian employment legislation for women at work:
A socio-legal study on Malaysian secretaries/ clerks. Thesis for the
degree of Doctor of Philosophy. IIUM, 2006.
The Necessity For a Sexual Harrasment Act in Malaysia 283

and the sexual harassment policy available at their workplace; what they
would do if subjected to sexual harassment; how can the problem of
sexual harassment be solved and by whom; and if they were subjected
to sexual harassment, how will it affect them and their job.
Results showed that thirty participants knew of someone who
had experienced sexual harassment and two participants admitted
experiencing sexual harassment themselves. When asked what the
actions taken by victims were, all reported that they only confided the
incidents to their close friends and dismissed them as being not serious
because they did not want to create a hostile work environment. However,
participants who had experienced sexual harassment reported
experiencing it only once.
All participants reported that their company had a policy against
sexual harassment but only six participants reported that apart from the
company policy on sexual harassment, their company also created
awareness about sexual harassment. The other participants reported
that they only knew of the sexual harassment policy when they read the
company regulation book provided to them, upon starting employment in
that company.

An interviewee, aged 35 years with two children, a

secretary who has been in employment for 12 years,
admitted that if she was subjected to minor sexual
harassment she would ignore it unless if it persisted, in
which event she would take action as mentioned in the
company’s sexual harassment policy. However, if the
sexual harassment was serious, then she would not
hesitate to proceed immediately as per the policy. She
considered sexual harassment involving touching or
verbal comments directed particularly at her as ‘serious’
harassment but mere verbal comments directed at
women in general as ‘minor’ harassment.16

All participants were happy that their companies had sexual

harassment policies. However since there had not been any reported

16
Sarvinder Kaur, Malaysian employment legislation for women at work:
A socio-legal study on Malaysian secretaries/ clerks. Thesis for the
degree of Doctor of Philosophy. IIUM, 2006, 231.
284 IIUM LAW JOURNAL VOL. 17 NO. 2, 2009

cases on sexual harassment so far, they were unable to determine the

effectiveness of the policies. Apart from their company policies on sexual
harassment, all participants were unaware of any other policies, regulations
or laws that protected women specifically against sexual harassment.
Although the participants were satisfied with their company
policies on sexual harassment, they were worried regarding the outcome
of the complaints if the harassment was done by a person of a higher
rank on a person of a lower rank the company.

An interviewee, aged 36 years, with four children, who

has been in employment as a clerk for the past 16 years,
raised her concern about the application of the policy.
She said that since the policy was made by the company,
it may bend the policy or apply it according to its
convenience depending on who was involved. Therefore,
she believed that an Act of Parliament would be
preferred as compared to policies adopted by companies
themselves.17

Participants reported that if they were subjected to sexual

harassment they would feel uneasy, worried, scared, embarrassed,
disgusted, unsecured, disrespected and would be inclined to consider
changing their jobs. One participant commented that it would trouble
her a lot, and when asked what that would lead to, her reply was “eating
disorder.”
The above research shows that many women suffer in silence
when sexually harassed, resulting in their negative well being. A study by
Strauss18 shows that adolescent females who had been sexually harassed
reported feelings similar to those experienced by rape victims. Decreased
feelings of competence and confidence and increased feelings of anger,
frustration, depression and anxiety all can result from harassment along
with a sense of self-blame, especially among women with traditional sex

17
Sarvinder Kaur, Malaysian employment legislation for women at work:
A socio-legal study on Malaysian secretaries/ clerks. Thesis for the
degree of Doctor of Philosophy. IIUM, 2006. 232.
18
Susan Strauss, “Sexual harassment in the school: Legal implications
for Principals,” NSSP bulletin 72, (1998):506.
The Necessity For a Sexual Harrasment Act in Malaysia 285

role beliefs.19 These emotions in turn can leave in their wake a decreased
ability to concentrate and a sense of listlessness.20

CONCLUSION

The presence of legislation to improve the well-being of employed

women is important because decreased well-being is detrimental to these
women, their families and their employers, due to symptoms such as
poor health, increased stress and decreased job satisfaction. Laband
and Lentz,21 found sexual harassment to be negatively related to job
satisfaction among female lawyers in the United States. Reduced job
satisfaction can cause absenteeism, lower productivity, high worker turn-
over, low morale and the like.
Awareness about sexual harassment should be inculcated in every
worker (male and female). Every worker should know what constitutes
sexual harassment and what to do in the event they are sexually harassed.
Workers, especially women should be assured that it is important and
necessary to report incidence of sexual harassment. This is because the
Asian culture and tradition essentially encourages women to keep a ‘low
profile,’ especially in sexual related matters.
In view of the problems highlighted in this article, it is evident
that legislation is urgent. The Parliament, when rejecting the Bill on sexual
harassment, had agreed to incorporate the provisions of sexual
harassment into the existing Employment Act of 1955. It is submitted
that incorporating an extensive topic such as sexual harassment in an
existent piece of legislation is grossly inadequate. The proposed Bill
mentioned earlier could indeed be a more effective tool in reducing
incidents of sexual harassment, in addition to educating the public on the
issue.

19
Stephanie Riger, “Gender Dilemmas in Sexual Harassment Policies and
Procedures,” American Psychologist, (1991):46.
20
Kathy Hotelling, “Sexual Harassment: A problem shielded by silence,”
Journal of counseling and development. (1991):69.
21
David N. Laband & Bernard F. Lentz, “The effects of sexual harassment
on job satisfaction, Earnings, and turnover among female lawyers,”
Industrial and labour relations review, 51(4), (1998): 594-607.