Law and sexual harrasment in the workplace

Sexual harassment is a worldwide problem which occurs commonly in organizational cultures like the workplace, schools, and Higher Institutions. We hear about it either through media reports, hearsay from colleagues, friends or neighbours. It can happen in private or public. Though this undesirable behaviour may have been committed, some victims prefer to remain silent thereby escalating the situation. These victims are afraid that if they file a complaint against the harasser, especially when he is a superior to the victims, or a highly-regarded person, some retaliatory actions may be taken against them and this could destroy their future or career. Unfortunately, the society also believes that it is better to keep the mouth shut rather than suffer from any consequences or social pressures. Since this issue is still in dispute and unsettled, the writer wishes to discuss it from the perspective of a few aspects of law and practice in Malaysia especially under the employment law. This paper is actually about sexual harassment at the workplace focusing on three matters. The three matters the writer wishes to highlight are firstly, the situations of sexual harassment, secondly, the law relating to sexual harassment; i.e. what are the possible actions the employees can take when sexual harassment is done by an employer or a co-worker, and finally, some suggestions relating to this matter especially relating to laws which are inadequate to overcome the problem.