Discussion

Every workplace consists of people who come from different cultural, religious or
social backgrounds. These differences may give rise to discrimination, regardless of the fact
that many countries enact regulations to curb its occurrence. Discrimination in the workplace
occurs in different forms based on characteristics, such as age, gender, race, marital status or
ethnic background. One of the important discrimination that we need to focus is a sexual
harassment.

There is a large number of definitions incorporate similar components, e.g. describing

a behavior as unwelcome or unwanted which has the qualities of being hostile, insulting,
offensive, or intimidating (McDonald, 2012). Distinction between unwanted sexual advances
and comments that may be considered inappropriate is often puzzled. Inappropriate comments
and remarks do not fall under the umbrella of sexual harassment most commonly but according
to Equal Rights Advocates, Inc. (2013).

Sexual harassment is generally recognized as it including all forms of unwanted

conduct of a sexual nature, whether verbal or physical, the Malaysian Code of Practice
specifically defines sexual harassment as any unwanted conduct of a sexual nature that may be
perceived by an individual (a) as a condition on one's employment, (b) as an offense or
humiliation, or (c) as a threat to one's well-being. A person who reported sexual harassment
suffered lower levels of job satisfaction compared to who have not been harassed. They tend
to be absent from work using sick leave as an excuse. For the individual, it could bring negative
effects on the victim's emotional state. Emotional distress may be show in symptoms including
anxiety, depression, irritability, anger and insomnia. All these could in turn affect motivation
and effectiveness at work as well as family relations at home.

There are three types of sexual harassment that happen in the workplace which is in
verbal forms include unwelcome sexual advances, propositions or pressure for sexual activity;
continued suggestions for social activity outside the workplace after it has been made clear that
such suggestion is unwelcome, offensive flirtations, suggestive remarks and bad comments.
Next is in inverbal forms which it refers to the display of pornographic or sexually suggestive
pictures, objects or written materials; leering, whistling, or making sexually suggestive
gestures.
 In physical form is it happen when unwanted physical contact ranging from
unnecessary touching, patting or pinching or brushing against another employees body to
assault and coercing sexual intercourse. Sexual harassment has a bad effect in companies of all
kinds. It will make the Employees may feel that by not protecting them, not stopping the
behavior, not caring about them or the particular victim, who is being targeted, the management
is letting them down. This will bring to the loss as employees spend time complaining about
the bosses and managers and discussing who is doing what to whom. Eventually people will
leave, due to their dissatisfaction with the working environment.

According to the law act the sexual harassment the offenders can be charge under the
the Employment Act 1955. Where the employer conducts an inquiry into a complaint of sexual
harassment received under subsection 81B(1) and the employer is satisfied that sexual
harassment is proven, the employer shall (a) in the case where the person against whom the
complaint of sexual harassment is made is an employee, take disciplinary action which may
include the following: (i) dismissing the employee without notice; (ii) downgrading the
employee; or (iii) imposing any other lesser punishment as he deems just and fit, and where
the punishment of Employment 89 suspension without wages is imposed, it shall not exceed a
period of two weeks; and (b) in the case where the person against whom the complaint of sexual
harassment is made is a person other than an employee, recommend that the person be brought
before an appropriate disciplinary authority to which the person is subject to.

References

Corporation, A. P. (2015). Sexual Harassment at Work: A European Experience, 1(1), 8091.

Ismail, M. N., Chee, L. K., & Bee, C. F. (2007). FACTORS INFLUENCING SEXUAL
HARASSMENT IN THE MALAYSIAN WORKPLACE, 12(2), 1531.

Act 265 EMPLOYMENT ACT 1955, (April).