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Sexual harassment


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tugasan bertulis HRM bertajuk Sexual harassment sem 5 UiTM.

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Sexual harassment

  2. 2. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTPrefaceThis term paper is written for lecturer checking in given mark to me who is required to studyhuman resource management. Other than that, there is included of divide mark for this termpaper is required 5% for final examination. At the same time presentation also is required 5%.Anyone undertaking a specialized professional diploma in human resource management will alsofind this term paper helpful. They are expected to lean on the job. Reading this term paper mayassist these officers understand their role in the organization which has employed them.There are many good references book for compete this term paper. Thus, it is important forstudent of human resource management to understand that the implementation of this function isinfluenced by norms, traditions, culture and laws of the country in which it is being carried out.This term paper provides readers with an introduction to the key function of sexual harassmentof human resource management in Malaysia today. At the same time, some information aboutthe best case study has also been provided so that students can learn how human resourcemanagement problem are facing on risks. 2
  3. 3. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTAcknowledgementsWriting this task project has been a magnificent journey for me; an experience not taken alonewith the blessings of Allah Al-mighty. I have several people to thank for helping me accomplishthis tremendous and incredible achievement.First of all, I have a family, especially my father Mr. Mohd Salleh Bin Ahmad to thank forproviding emotional support and inspiration. He continued to encourage me to stay motivatedand focused. Second, I have a mother Mrs. Salbiah Binti Mahamud and also my family to thankfor their incredible patience, moral as well as financial support. 3
  4. 4. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTOn the contrary, I was really done for making this term paper as well as the best. I have HRMlecturer, Miss Nor Farehan Binti Omar and all my friends have been helped support me andmany thanks for make good deeds for run this term paper project. I hope this project will fulfillthe syllabus of Human Resources Management (MGT 132).In short, to everyone who has touched my life, and particularly those involved in my passion ofreport writing, I am eternally grateful. Thank you from the bottom of my heart, for I could nothave done this without you. Thank you so much, we are the best!Table contents 4
  5. 5. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTBIL. CONTENT 1. Content 2. Introduction 3. Body of report 4. Analysis/Findings 5. Recommendations 6. Conclusion 7. References 8. AppendixContentsPreface iAcknowledgements iiContents iii-iv1.0 Introduction 11.1 Law in Malaysia to Deal Specifically with Sexual Harassment 2 5
  6. 6. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT1.2 Defining Sexual Harassment 3-41.3 The Effects of Sexual Harassment 42.0 Categories of sexual harassment 52.1 Types of Sexual Harassment 6 2.1.1 Sexual coercion 6 2.1.2 Sexual annoyance 63.0 The FORMS of sexual harassment 73.1 The forms 8 3.1.1 Verbal harassment 8 3.1.2 Non-verbal/gestural harassment 8 3.1.3 Visual harassment 8 3.1.4 Psychological harassment 8 3.1.5 Physical harassment 84.0 Analysis/Findings 94.1 Sexual Harassment Case Studies 10 6
  7. 7. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT 4.1.1 Case Study 1 10 4.1.2 Case Study 2 11 4.1.3 Case Study 3 12 4.1.4 Case Study 4 13Recommendations 14-16Conclusion 17References 18Appendix 19 7
  8. 8. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT1.0 IntroductionAt the end of this chapter, you should be able to:1.1 Law in Malaysia to Deal Specifically with Sexual Harassment1.2 Defining Sexual Harassment1.3 The Effects of Sexual Harassment 8
  9. 9. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT1.0 IntroductionSexual behaviuor in the workplace is not a recent phenomenon but the concept of sexualharassment is of recent origin in this country. The term sexual harassment conveys a picture ofmale aggression and allows an examination of the matrix of male/female relations in theworkplace (Farley, 1978).1.1 Law in Malaysia to Deal Specifically with Sexual HarassmentThere is only one law in existence that comes close to dealing with the issue of sexualharassment in Malaysia-Penal Code, section 509.The Penal Code, section 509 provides that:"Whoever, intending to insult the modesty of any women, utters any words, makes any sound orgesture or exhibit any object, intending that such word or sound shall be heard, or such gestureor object shall be seen by such woman, shall be punished with imprisonment for a term whichmay extend to 5 years or with fine, or with both". 9
  10. 10. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTThis existing law deals more with physical aspects. Sexual harassment cases are currentlyhandled by the police and claims are made under the Penal Code, section 509.Nevertheless, the Industrial Relations Act 1967, may be amended to provide for action againstsexual harassment perpetrators. This amendment is to curb sexual harassment.In the meantime, the Ministry of Human Resources is using its influence to encourage employersto adopt the Code of Practice against sexual harassment and an internal mechanism to preventsexual harassment at the workplace. This code was introduced in 1999.The Code of Practice outlines the statement of purpose, legal definition of harassment,descriptions of behavior that constitutes harassment, how employees should handle harassment,how the company handles complaints, what kind of disciplinary action and name and phonenumbers to lodge a complaint.1.2 Defining Sexual Harassment Sexual harassment is an unwelcome or uninvited behaviour or sexual nature, which isoffensive, embarrassing, intimidating or humiliating and may affect an employees workperformance, health, career or livelihood. For many years, Lin Farleys definition was quotedmost often: "Sexual harassment is best described as unsolicited non reciprocal male behaviourthat asserts a womens sex role over her function as a worker" (Farley, 1978: 14-15). Sexual harassment means any unwelcome verbal, non-verbal, visual, psychological orphysical conduct of a sexual nature that might, on reasonable grounds, be perceived by thevictim as placing a condition of a sexual nature on his or her employment because of his or hersex. Sexual harassment may also consist of an unwelcome verbal, non-verbal, psychologicalor physical conduct of sexual nature that might, on reasonable grounds, be perceived by thevictim as an insult or humiliation, or a threat to his or her well-being, and has no connection withhis or her employment. Sexual harassment in the office includes work related harassment which happensoutside the office. Such work related harassment may includes situations taking place at work- 10
  11. 11. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTrelated social gathering or functions, conferences, workshop or training sessions and during workassignments outside the office. Sexual harassment in the course of work-related travel is also considered sexualharassment in the office. Where sexual harassment occurs as a result of employmentresponsibilities or relationship over the phone and through electronic media, it is also consideredsexual harassment in the office. (Malaysian Labour Law: Regulation of Employment) Sexual Harassment is any unwanted conduct of sexual nature having the effect ofverbal, non-verbal, visual, psychological of physical harassment. - Code of Practice On ThePrevention and Eradication of Sexual Harassment In The Workplace – Ministry of HumanResources, 1999 Sexual harassment is any deliberate verbal comments, gestures or behaviour of a sexualnature that is unwanted, unwelcomed and unsolicited. It can hurt a woman emotionally,physically and socially. The majority of people who are sexually harassed are women.Sexual harassment can occur anywhere for instance on the street, in the bus or taxi, in the cinemaor at the workplace. It can be a combination of physical, verbal, visual or psychologicalharassment.Sexual harassment can include: • Unwanted touching, patting, pinching, stroking or brushing up against a person, hugging, kissing, fondling, sexual assault • Comments about your body, leering, wolf-whistling, catcalls, insults of a sexual nature, persistently perstering for a date • Displaying or circulating pornographic pictures, drawing sex-based sketches or writing sex-based letters, sexual exposure • Workplace blackmail – i.e. suggestions that sexual favours may further your career (or refusal may hinder it) The majority of people who are harassed are women. However a small percentage of men do get harassed as well.1.3 The Effects of Sexual Harassment 11
  12. 12. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTSexual Harassment affects you: • Emotionally-i.e. depression, at times helpless, strong fear reactions, loss of job motivation, loss of control • Physically-i.e. headache, sleep disturbances, disordered eating, nausea, weight loss or gain, crying spells You may feel that it is something that you have to face alone, especially if other people make you feel that something you did or did not do, caused it. 12
  13. 13. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT2.0 Categories of sexual harassmentAt the end of this chapter, you should be able to:2.1 Types of Sexual Harassment 2.1.1 Sexual coercion 2.1.2 Sexual annoyance2.0 Types of Sexual HarassmentThere are two categories of sexual harassment, namely sexual coercion and sexual annoyance. 13
  14. 14. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT2.1 Sexual coercion • It is known as quid pro qul sexual harassment in the United States. • Sexual Coercion is a type of harassment which has direct results in some consequence to the victims employment. It is an employment discrimination. • Sexual coercion is under a condition of employment, where an openly or implicitly offer in keeping a job or getting a promotion is made by a supervisor to an employee in exchange for sexual favors. Such person normally has the power over promotion or raise of the employee. • In sexual coercion, promotion and favorable job benefits will follow if an employee takes the advantage and consented to sex. On the contrary, if the employee rejects, the job benefits are denied.2.2 Sexual annoyance • It is also known as hostile environment sexual harassment. • Sexual annoyance is a demeaning and unwelcome sexually related behavior that is offensive, hostile or intimidating to the victim, but has no direct connection to any job benefits. However, the annoying behavior creates an offensive working environment which affects the victims ability to continue working. • Sexual annoyance includes sexual harassment by an employee against a co-employee. Similarly, sexual harassment by a companys customer against an employee also falls into this category. 14
  15. 15. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT3.0 The FORMS of sexual harassmentAt the end of this chapter, you should be able to:3.1 The forms 3.1.1 Verbal harassment 3.1.2 Non-verbal/gestural harassment 3.1.3 Visual harassment 3.1.4 Psychological harassment 3.1.5 Physical harassment 15
  16. 16. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT3.0 What are the FORMS of sexual harassment?There are 5 possible forms, namely: 1. Verbal harassment:  For example like offensive or suggestive remarks, comments, jokes, jesting, kidding, sounds, questioning. 2. Non-verbal/gestural harassment:  For example like leering or ogling with suggestive overtones, licking lips or holding or eating food provocatively, hand signal or sign language denoting sexual activity, persistent flirting. 3. Visual harassment: 16
  17. 17. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT  For example like showing pornographic materials, drawing sex-based sketches or writing sex-based letters, sexual exposure. 4. Psychological harassment:  For example like repeated unwanted social invitations, relentless proposals for dates or physical intimacy. 5. Physical harassment:  For example like inappropriate touching, patting, pinching, stroking, brushing up against the body, hugging, kissing, fondling, sexual assault.(Observation: I believe the list of form that constitutes sexual harassment is in-exhaustive. Asmentioned earlier it is partly depend on how the recipient perceives it NOT the intention of thewrongdoer. As such the same “sex-jokes” may cause different feeling for different individual.Some may feel offensive despite “how mild the joke is” or the joke cracker may not have nointention at all to harass the victim. Entertainment can be no funny sometimes! ) 17
  18. 18. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT4.0 Analysis/FindingsAt the end of this chapter, you should be able to:4.1 Sexual Harassment Case Studies 4.1.1 Case Study 1 4.1.2 Case Study 2 4.1.3 Case Study 3 4.1.4 Case Study 44.0 Sexual Harassment Case Studies 18
  19. 19. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT4.1.1 Case Study 1John and Elaine: Is It Sexual Harassment?John is a new supervisor of Client Service, a work unit of eleven people. It’s his first supervisoryposition. Elaine, one of the Service Representatives in his unit, finds a note from John or herdesk. It says, "I would like to have more than a professional relationship with you. Can we go outsometime soon and get to know each other better?" Elaine has no interest and says nothing toJohn about the note. John subsequently ceases all personal communication with Elaine. Hedirects verbal communication through coworkers and begins to make assignments and critiqueher work through written memos. He calls staff meetings when she is out of the office, so thatshe does not learn of policy and procedural changes. This results in error, for which she receiveswritten reprimands. She develops migraine headaches and is given 30 days of probation becauseof attendance and performance problems. She files a complaint of sexual harassment andretaliation with the HRC. 1. Is this "quid pro quo" sexual harassment? 2. If you were the manager given responsibility for dealing with Elaine’s complaint, what would you do first? next? and then? 3. How would you conduct an investigation? How would you respond to the HRC complaint? 4. What, if any, would be appropriate remedy for Elaine? What, if any, would be appropriate action to take against John? 5. If you were Elaine, what would you have done differently? 6. What might this organization do to prevent a recurrence of the problem?4.1.2 Case Study 2Sally and the Crew: Is It Sexual Harassment? 19
  20. 20. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTSally is a new maintenance worker in the equipment depot of a utility company. She is one oftwo women in the depot and works closely with the maintenance crews. She is engaged to marryan employee who works at another location. Sally is the subject of a lot of coworker attention -whistles, leers, comments about her figure (especially her breasts) her sex life, sexualpropositions and jokes occur daily. She says nothing because she wants to be a good sport and tobe accepted by the crew; however, on two occasions when driving him to a work location, Al, acrew member, had grabbed her and tried to kiss her. She asks the maintenance supervisor,Chuck, not to send her out in the truck with Al, and tells him the reason. Chuck encourages herto keep her sense of humor and tells Al to keep his hands to himself. Al vehemently denies anyphysical contact with Sally, complains to his coworkers that "the bitch" is trying to get him fired,and is punched in the nose at the Way-To-Go Tavern by Sally’s fiancé. Sally and her fiancé areshunned by the crew, who tell Chuck that they refuse to work with Sally. "Bitch" is scrawled onher locker and on her overalls. Sally develops an ulcer and uses all her sick leave. When she isthreatened with discharge for absenteeism she files a union grievance and gives Chuck a notefrom her psychiatrist stating that she requires at least a 60 day leave-of-absence for job-relatedstress. The leave is granted. Her fiancé breaks their engagement, citing peer pressure as thecause. Both the union and management investigate her charges of sexual harassment andconclude that they are without foundation. 1. Does Sally have a basis for claiming "hostile environment” sexual harassment? How was she harmed? 2. If you were the union or Chuck, how would you investigate her grievance? If no witnesses supported Sally’s story, what would you conclude? 3. What, if any, would be an appropriate remedy for Sally? 4. If Sally returned to work after her leave-of-absence, how would you restore coworker relationships? 5. How might this scenario have been prevented?4.1.3 Case Study 3Around the Water CoolerYou are a female supervisor in a department where most of the employees are women. Althoughyou’re generally pleased with the work environment and the productivity levels, you notice that 20
  21. 21. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTevery morning, at breaks and occasionally throughout the day the women gather around thewater cooler in the kitchen area where their conversation tends to revolve around babies, breastfeeding, birthing classes, menstrual cycles, and the like. Recently, you hired Bill to work as thefiling clerk. The files happen to be located around the corner from the kitchen area so Bill canhear most of the conversation taking place. Bill comes to you one day and tells you that he isbecoming increasingly uncomfortable in this office environment. He says he thinks the womenknow he can hear their conversations, but that doesn’t seem to stop them from talking. In fact,from time to time when they can catch his attention, they occasionally tease him by saying forexample, "Bill, what’s it like not to have to deal with this kind of girly stuff?" or "Bill, whatwould the world be like if men could get pregnant, deliver babies and have menstrual cycles?"Bill says he hopes you’ll keep his concern confidential. 1. What do you do? 2. Can this be considered sexual harassment? If so, which type? 3. If you were Bill, what would you do to address this situation? 4. What could the women employees have done to avoid this situation?4.1.4 Case Study 4Oh, My Acing BackYou’re a supervisor in a department where people have worked together for quite some time andare quite friendly towards one another. Joe, a successful, respected and long time accountexecutive, is known for his quality back rubs and his willingness to alleviate a colleague’s stressby offering to give an occasional and quick neck rub or back massage. Everyone raves about his 21
  22. 22. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTabilities and seems to really enjoy this added "work-place benefit". Recently, you hired a newaccount assistant, Meg. Meg’s a pretty young woman, fresh out of college and obviously tryingvery hard to break into this tight circle and make a good impression on everyone in the office.Meg has made an especially good impression on Joe whom you’ve recently seen ask Meg out ona date. You heard Meg decline because she "had already made plans for that particular evening."Last week, you walked out of your office and saw Joe giving Meg a backrub. Although you can’tbe sure, you thought Meg was a little red in the face and seemed rather embarrassed by the wholething. 1. What do you do? 2. Is this behavior sexual harassment? If so, which type? 3. What would you recommend that Meg have done differently? 4. How might this scenario have been prevented? 22
  23. 23. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTRecommendationsAt the end of this chapter, you should be able to:5.0 Strategies for Prevention: 5.1 Adopt a clear sexual harassment policy 5.2 Train employees 5.3 Train supervisors and manager 5.4 Monitor your workplace 5.5 Take all complaints seriously 23
  24. 24. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTStrategies for PreventionThere are a number of steps that you can take to reduce the risk of sexual harassment occurringin your workplace.1. Adopt a clear sexual harassment policy In your employee handbook, you should have a policy devoted to sexual harassment. That policy should: • Define sexual harassment • State in no uncertain terms that you will not tolerate sexual harassment • State that you will discipline or fire any wrongdoers • Set out a clear procedure for filing sexual harassment complaints • State that you will investigate fully any complaint that you receive, and • State that you will not tolerate retaliation against anyone who complains about sexual harassment.2. Train employees At least once a year, conduct training sessions for employees. These sessions should teach employees what sexual harassment is, explain that employees have a right to a workplace free of sexual harassment, review your complaint procedure, and encourage employees to use it. 24
  25. 25. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT3. Train supervisors and manager At least once a year, conduct training sessions for supervisors and managers that are separate from the employee sessions. The sessions should educate the managers and supervisors about sexual harassment and explain how to deal with complaints.4. Monitor your workplace Get out among your employees periodically. Talk to them about the work environment. Ask for their input. Look around the workplace itself. Do you see any offensive posters or notes? Talk to your supervisors and managers about what is going on. Keep the lines of communication open.5. Take all complaints seriously 25
  26. 26. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENT If someone complains about sexual harassment, act immediately to investigate the complaint. If the complaint turns out to be valid, your response should be swift and effective.Conclusion 26
  27. 27. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTTo sum up, I have been completed my term paper project of Sexual Harassment. Alhamdulillahand thanks a lot to Allah S.W.T because I have ready to send this task paper for lecturer checkingin period of time given. Before to closes, honestly, I direct to say a lot of thanks to HRM lecturerof Miss Nor Farehan Binti Omar for their continuous support during the class lecture.One again, thankful upon to Allah S.W.T given me to touch attraction during complete this taskpaper and overall is the best for making this assignment as good as shows presentation soon.Thus, this term paper was teaching me in all understand for finding of research and case study inHuman Resource Management.In short, for every person who has touched my life, and especially those who involved in writingreports misery, I thank you. Thank you from my heart policy because I can’t do this without you.All disadvantages came from me, all advantages come from Allah and actually both of themcome from Allah S.W.T. Thank you very much, we are the best! 27
  28. 28. May-Sep 2011 UNIVERSITI TEKNOLOGI MARA, UITM PERLIS-SEXUAL HARASSMENTReferences References and recommended reading: 1. The star, Saturday March 11, 2006 2. Universiti Teknologi MARA, MGT 131 3. Universiti Utara Malaysia SABITHA MARICAN 4. employment/sexual-harassment.htm 5. 6. workplace-29851.html 28