Understanding and Addressing Sexual Harassment
Sexual harassment, as defined in Section 22 of the Anti-Sexual Harassment Act, encompasses any unwelcome behavior of a sexual nature that can be spoken, unspoken, visual, gestural, or physical. It is directed at an individual and reasonably perceived as offensive, demeaning, or harmful to their well-being.
According to Section 2 of the Employment Act 1955, this also applies in the workplace and includes any conduct of a sexual nature as in verbal, physical, or gestural that threatens or undermines the individual.
Sexual harassment can occur in many settings—workplaces, schools, online spaces, or public areas—and its impact can be severe and long-lasting.
Forms of Sexual harrasment
● Verbal Harassment: Inappropriate comments, addressing someone as “sayang” or “dear,” sexual jokes, and unwanted flirting.
● Quid Pro Quo Harassment: A person in power coerces someone into sexual favors in exchange for employment benefits, or threatens demotion, salary cuts, or termination if rejected.
● Visual Harassment: Displaying sexual content or inappropriate images.
● Physical Harassment: Unwanted physical contact such as touching or groping.
● Online Harassment: Sending sexually explicit text messages, social media posts, or images.
Effects of Sexual Harassment
Mental Health
Anxiety, depression, and low self-esteem are some of the common effects leading to long-term psychological struggles.
Physical Health
May result in sleep deprivation, panic attacks, and other physical symptoms, which are often intertwined with mental health issues, further worsening the victim’s overall well-being.
Cognitive Impairment
The ongoing trauma caused by the harassment may result in difficulty in concentrating and loss of motivation
Legal Protections Against Sexual Harassment
Malaysia has a few legal framework to address sexual harassment:
● Anti-Sexual Harassment Act 2022: Provides a tribunal to hear complaints, raises awareness, and prevents harassment.
● Employment Act 1955: Employers are required to investigate complaints of sexual harassment under Part XVA, Sections 81A-81G.
● Industrial Relations Act 1967: Section 20 allows victims to seek reinstatement or compensation if they are unfairly dismissed due to harassment.
● Communication and Multimedia Act 1998: Section 233 imposes fines and imprisonment for online harassment.
If you experience sexual harassment, it’s important to take steps to protect yourself and seek help. This may include documenting the incident, speaking to someone you trust, or filing a formal complaint with the appropriate authorities.