What Is Sexual Harrassment

c

Sexual harassment is one of the most common forms of Violence Against Women. Sexual harassment
is defined as receiving any unwanted conduct of a sexual nature including sexual comments,
fondling, lewd gestures, jokes, emails, smses, pornographic pictures, coercion and more.
Women are sexually harassed habitually in public and especially at the workplace. In the workplace,
sexual harassment is seldom recognized or linked to the broader issue of Violence against Women
and discrimination.
3
d A 2002 study conducted by AWAM and Women͛s Development Collective (WDC) found that 35% of
respondents in Malaysia had experienced one or more forms of sexual harassment.
d Sexual harassment consists of a wide range of behaviors and actions, most common of these are verbal
forms of harassment such as jokes, obscene language and suggestive remarks. Many consider these
͚harmless͛ and victims are often accused of over-reacting.
d Studies show that survivors of sexual harassment are more likely to be in the lower rungs of the
company i.e. in subordinate positions.
d Studies show that survivors are mostly likely to not take any action due to fear of reprisal.
d ºhere is currently no Malaysian law criminalizing sexual harassment. ºhere is only a Code of
Practice on the Prevention and Eradication of Sexual Harassment in the Workplace, launched
in 1999 by the Ministry of Human Resources.
d [egal action can be taken under other provisions in the Penal Code, Employment Act 1955, and the
Industrial Relations Act 1967.
d Sexual harassment can be very traumatizing for women resulting in emotional stress, low
productivity and damaged self-esteem.
c

d ºell the harasser that you don͛t like his actions and that you want him to stop.
d If the harassment continues, tell your Human Resources department or your union
representative.
d eep all evidence of the harassment for e.g. emails, smses etc.
d eep a written account of the harassment including date, time, the harasser͛s name
and how the incident(s) happened.
d If no action is taken or there is no one you can report this to within your organisation or
company, you may lodge a report with the [abour Department or the police.
d ºell a trusted colleague who can give you emotional support.
d Call us or a women͛s NGO for help and guidance.

ºogether with the Joint Action Group for Gender Equality (JAG) AWAM campaigns for the enactment
of a Sexual Harassment Act.
We were only one of two NGOs on the government͛s ºechnical Working Committee that produced
the Code of Practice on the Prevention and Eradication of Sexual Harassment in the in the Workplace
that was introduced in 1999. ºhe Code has been an important addition to anti-sexual harassment
efforts in this country but is insufficient particularly since it is not compulsory for private sector
entities to implement it.
In 2001, AWAM supported a petition drive coordinated by the Women͛s Centre for Change which
received 12,000 signatures ʹ including from more then 60 organisations ʹ backing this legislation.
[obbying work for the enactment of the Sexual Harassment Act is still in progress as we seek for
adequate, timely and effective redress mechanisms for victims, and for the promotion of a healthy
and respectful working
85, Jalan 21/1, Sea Park, 46300 Petaling Jaya, Selangor, Malaysia
ºE[ENIºA Helpline : 03-78770224 | Office Phone : 03-78774221 | Email : awam@awam.org.my
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d

e.g. offensive or suggestive remarks, comments, jokes, jesting, kidding,
sounds, questioning.
d

e.g. leering or ogling with suggestive overtones, licking lips
or holding or eating food provocatively, hand signal or sign language denoting sexual activity,
persistent flirting.
d
e.g. showing pornographic materials, drawing sex-based sketches or
writing sex-based letters, sexual exposure.
d e.g. repeated unwanted social invitations, relentless proposals for dates or
physical intimacy.
d
e.g. inappropriate touching, patting, pinching, stroking, brushing up
against the body, hugging, kissing, fondling, sexual assault.
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d º

and that you want it to stop. Say it firmly
so the harasser knows you mean business!
d If the harasser continues, talk to someone in your organisation who could help you; i.e.,
personnel officer or sexual harassment counselor, employee/union representative.
d D
: date, time, location, what happened, what was said, how
you felt, and the names of any witnesses or others victimized by this person.
d ùou can

, including description, date and time of unwelcome
behavior, clear statement you want the behavior to stop, and the warning of further action
for noncompliance. Add your signature and date.
d ½ è 3D !DèD" DèD ""#èD #"$½è"è

c#º"èºèºD "3èD3ºèèººèD.
d ùour manager or supervisor harassing you: speak to someone more senior, to your personnel
officer and union representative. OR seek help from the: [abor Ministry, organizations that
will provide counseling and assistance.
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F</$'/!00A
Anna* works as web-designer in an IT company. In the past few weeks, one of her project
members, James*, began asking her out for dates. Anna was not romantically interested in
James, and she declined his offer politely each time. Despite Anna's continued rejections,
James relentlessly pursued her by hanging around her desk, sending her suggestive e-cards
and SMS-es, intentionally brushing his body against her when they are in a corridor, staring
across the office at her for hours, calling her "honey buns" and being around wherever Anna
was. This made Anna extremely uncomfortable and embarrassed.
She began to dread going to work and was suffering from insomnia. She also began to
develop headaches in the morning and found it difficult to concentrate on her work. Ann a did
not want things to become strained at work, but was extremely agitated over the harassment.
James began to tell all her there colleagues that she was "his" and threatened to beat up
anyone who dared to show any interest in her. One evening, when Anna's team had to work
late, James grabbed hold of her and tried to molest her when the other colleague went out of
the room for a moment. She screamed and the colleague came running back. James told him
that she was being a "tease" and stormed off. Anna did not go to work the next day. She was
at her wits end as to what she could do.
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d ºrust your instincts.
d ºell the harasser clearly, directly and firmly that you object to the behaviour and you do not
like it.
d Record each incident in writing. Describe the incident in full detail and include the date, time,
place, witnesses (e.g. colleagues) and evidence (e.g. e-mails etc.) if there are any. ºhese are
important as evidence when action is taken against the harasser.
d Get emotional support. ºalk to a sympathetic friend or co-workers.
d Make a formal complaint in writing. If your company has procedures for resolving sexual
harassment complaints, go through the appropriate channel. If not, go to your manager. If
your manager is the harasser, go to his superior, as well as your personnel officer and union
representative. If there's no one you feel safe talking to, or if your complaint is ignored, you
can make a police report, or seek help from the [abour Ministry.
d If you are still uncertain as to what to do, call up a women's NGO that provide counselling
and advice for further information.

*Names changed to protect WAO's client's confidentiality.
http://www.wao.org.my/research/sexual_harassment.htm
~
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... [W]omen tend to be in low -ranking positions, dependant upon the

approval and goodwill of m ale [superiors] for hiring, retention and
advancement. Being at the mercy of male superiors adds direct economic
clout to male secual demands.... It also deprives women of material
security and independence which could help make resistance to unreasonable
job pressures practical ...
... [S]exual harassment of women can occur largely because women occupy
inferior job positions and job roles; at the same time, sexual harassment
works to keep women in such positions.
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