Universiti Teknologi MARA UiTM PERLIS Presented by: Marzuqi Mohd SallehPrepared for: Miss Nor Farehan Omar
1.0 Introduction The term sexual harassment conveys a picture ofmale aggression and allows an examination of thematrix of male/female relations in the workplace(Farley, 1978).
1.1 Law in Malaysia to DealSpecifically with Sexual HarassmentThe Penal Code, section 509 provides that: "Whoever, intending to insult the modesty of any women, utters any words, makes any sound or gesture or exhibit any object, intending that such word or sound shall be heard, or such gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which may extend to 5 years or with fine, or with both".
1.2 Definition of Sexual Harassment Sexual Harassment is any unwanted conduct of sexual nature having the effect of verbal, non-verbal, visual, psychological of physical harassment. Code of Practice On The Prevention and Eradication of Sexual Harassment In The Workplace – Ministry of Human Resources, 1999
1.3 The Effects of Sexual Harassment ¨ Emotionally ¨ Physically
2.0 Types of Sexual Harassment1. Sexual coercion (paksaan) Sexual Coercion is a type of harassment which has direct results in some consequence to the victims employment. It is an employment discrimination.3. Sexual annoyance (gangguan) It is also known as hostile environment sexual harassment.
3.0 The FORMS of sexual harassment1. Verbal harassment2. Non-verbal/gestural harassment3. Visual harassment4. Psychological harassment5. Physical harassment
4.0 Analysis/FindingsJohn and Elaine: Is It Sexual Harassment? John is a new supervisor of Client Service, a work unit of eleven people. It’s his first supervisory position. Elaine, one of the Service Representatives in his unit, finds a note from John or her desk. It says, "I would like to have more than a professional relationship with you. Can we go out sometime soon and get to know each other better?" Elaine has no interest and says nothing to John about the note. John subsequently ceases all personal communication with Elaine. He directs verbal communication through coworkers and begins to make assignments and critique her work through written memos. He calls staff meetings when she is out of the office, so that she does not learn of policy and procedural changes. This results in error, for which she receives written reprimands. She develops migraine headaches and is given 30 days of probation because of attendance and performance problems. She files a complaint of sexual harassment and retaliation with the HRC. Is this "quid pro quo" sexual harassment? If you were the manager given responsibility for dealing with Elaine’s complaint, what would you do first? next? and then? How would you conduct an investigation? How would you respond to the HRC complaint? What, if any, would be appropriate remedy for Elaine? What, if any, would be appropriate action to take against John? If you were Elaine, what would you have done differently? What might this organization do to prevent a recurrence of the problem?
5.0 RecommendationsH Adopt a clear sexual harassment policyx Train employeesx Train supervisors and managers Monitor your workplacek Take all complaints seriously
6.0 ConclusionSexual harassment at the workplace can be eradicated if proper mechanism are introduced.
7.0 References1. The star, Saturday March 11, 20062. Uitm, MGT 1313. Universiti Utara Malaysia SABITHA MARICAN4. http://www.jobsdb.com.ph/MY/EN/V6HT ML/JobSeeker/handbook/regulation-of- employment/sexual-harassment.htm5. http://cset.sp.utoledo.edu/engt2000/Sex ual%20Harassment%20Case%20Studies.pdf