DIPLOMA OF OCCUPATIONAL SAFETY AND HEALTH

UNIVERSITI MALAYSIA PAHANG

DRO1112:
INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH

GROUP 6
TOPIC OF ASSIGNMENT: SEXUAL HARASSMENT IN WORKPLACE

NAME MATRIC NUMBER

AFNAN BADREE BIN BADRUNNAIM RO21090
AHMAD SYAHIR BIN MUHAMAT RO21222
MUHAMMAD FAIZ HILMI BIN FAZLIZAN RO21248
MUHAMMAD FIRDAUS ASYRAF BIN RIZAL RO21082
MUHAMMAD NURDINIE BIN RASADZELI RO21127
MUHAMMAD ZAHIRUDDIN BIN NOR ZAMZURI RO21267
NURAQILA NAYLI BINTI FIRZAMSHAH RO21238
NUR NAZHATUL AIN BINTI JAIDI RO21211
NURUL FARISHA HANUM BINTI ISMAIL RO21105
PUTERI AMIERA BATRISYIA BINTI SAKERI RO21249

LECTURER’S NAME: DR. NORHIDAYAH BINTI ABDULL

0
 TABLE OF CONTENTS

TITLE: PAGES
INTRODUCTION 2
TYPES OF SEXUAL HARASSMENT
I. VERBAL, PHYSICAL, VISUAL AND PSYCHOLOGICAL 4
II. QUID PRO QUO AND HOSTILE ENVIRONMENT 6
III. SEXUAL HARASSMENT FROM SUPERIORS, CO-WORKERS 8
AND CUSTOMERS
EFFECTS OF SEXUAL HARASSMENT
I. EMOTIONAL EFFECTS 11
II. MENTAL HEALTH EFFECTS 13
III. PHYSICAL EFFECTS 15
ACTION TO PREVENT THE SEXUAL HARASSMENT
I. BYSTANDER INTERVENTION 17
II. TAKE APPRPRIATE ACTION 20
CONCLUSION 23
REFERENCES 25

1
 INTRODUCTION

Sexual harassment in the workplace has been recognized as a serious kind of misconduct
by the government. In the Asian region, Sexual harassment has only recently been recognized.
Sexual harassment is one of the most heinous crimes that can be perpetrated against someone else.
Sexual harassment, as well as other forms of sexual assault, such as bullying, is an unwelcome
feature of society, particularly among women. Sexual harassment can take many forms, ranging
from minor infractions to sexual abuse or violence. In most cases, this treatment is performed by
individuals who are physically stronger and have a high level of psychological well-being. The
members of this group are prone to unstable life, family, and relationship issues. Sexual harassment
can cause trauma, phobias, fear, and daily routine for the victim. Productivity and work success
are not directly affected by this. As well as in the public, sexual harassment can occur anywhere,
but it is most common in the work environment.

Sexual discrimination is unlawful under a variety of current legal systems. Because they
do not enforce a "universal rule of decency," laws governing sexual differences often do not
prohibit simple, direct ridicule or tiny isolated cases. As an illegal form of job discrimination,
sexual harassment by employers is a problem. Sexuality has been the major aim in making legal
choices for many corporations and organizations. Sexual harassment in the workplace has also
existed since women first began working. However, the conduct at the time was unaware of sexual
harassment and thought it to be a regular occurrence that was not treated as an issue. Only in the
mid-1970s, did many individuals begin to have a better grasp of sexual harassment and even view
it to be one of the bad and unwanted behaviors (Wilson, 1995). The United States is the first
country to recognize sexual harassment as a form of sexual discrimination and worthy of
recognition.

Although numerous steps and attempts have been made to limit it, the problem of sexual
harassment has reached a point where it might create concern and anxiety in the public. The
International Labor Organization (ILO) performed a survey in 23 countries and found that between
15 and 30 percent of female workers were subjected to sexual harassment by their employer or co-
workers (Noe, Hollenbeck, Gerhart & Wright, 1994). Any country, developed or developing, can
experience this difficulty. There have been several reports of sexual harassment in a number of

2
nations, including Malaysia. However, it is uncommon in Malaysia to gather statistics about sexual
harassment in the workplace or in public. Officials at the firm believed there was a high prevalence
of sexual harassment among female employees, but they were hesitant to disclose it to authorities.

Usually, women are the victims of sexual harassment. Women are the most prevalent
victims of sexual harassment done by men. The number of males impacted by sexual harassment
is modest, accounting for approximately 1% of all recorded sexual harassment complaints. Next,
Sexual harassment is not well-documented in Malaysia, although it is a subject that is frequently
mentioned in the public media. Sexual harassment is viewed as an inherent work hazard, especially
among women. In spite of the fact that sexual harassment has been recognized as a federal crime
since 80’s, it continues to affect both men and women, particularly in the workplace. The
legislation that will be implemented in Malaysia in the case of sexual harassment is to be punished.

There are no explicit laws in Malaysia that regulate and restrict certain sexual activities.
The Ministry of Human Resources Malaysia, on the other hand, has created the 1999 Code of
Practice for the Prevention and Elimination of Sexual Harassment in the Workplace (Code of
Practice) as a guide for sexual usage in the workplace. According to Section 4 of the Code of
Practice, sexual discrimination is defined as a difference in unwelcome sexual behavior that affects
as an issue whether verbal, nonverbal, visual, psychological, or physical.

According to the preceding description, sexual harassment may be classified into two
types: threats and threats to personal tranquilly. When a senior officer with the authority to set
income and position tries to frighten a subordinate employee and provides sexual treatment to him,
this is an example of sexual harassment in the form of intimidation. Sexual harassment in the form
of a danger to personal peace is not directly connected to employment advantages, but it can create
an unpleasant work atmosphere. Sexual harassment in the workplace refers to conduct that occurs
not just in the workplace or where a job is performed, but also outside of it. Sexual harassment in
the workplace, including sexual harassment that happens beyond the workplace as a result of
employment-related relationships and duties, is prohibited under Section 6 of this Code of Practice.
Additionally, there are also consequences, methods, and possible variables we can use to avoid
sexual harassment in the workplace.

3
 TYPES OF SEXUAL HARASSMENT IN THE WORKPLACE

1. VERBAL, VISUAL, PHYSICAL AND PSYCHOLOGICAL SEXUAL HARASSMENT

Sexual harassment can be identified in different forms. This is because according the article
by Women’s Legal Consultation and Service Center in December 2010, sexual harassment
manifests itself in verbal, physical, visual and psychological.

Some example of behavior, conditions, acts, and cases based on types of sexual harassment:

a. Verbal: The use of obscene language through conversation, storytelling, jokes, making
noises, criticizing, commenting, praising, or asking sexual questions about an appearance,
dress, behavior, body, or sexual activity. Furthermore, verbal harassment by signal are
attitudes or behaviors that give meaning or depiction of sexual desires such as staring,
flirting, contemplating, lurking, licking lips, or using another sign language. For example,
there are two male co-workers constantly teasing with dirty jokes even when women are
within hearing distance and since their jokes seems crude and a female co-worker has tried
to them to stop but they said “it’s just a joke”. This is clearly a Verbal Harassment.

b. Visual: Sending notes, letters, electronic mail (e-mail), short messaging system (SMS),
multimedia messaging system (MMS), pictures (photos), posters, objects or reading
materials pf a sexual nature distributed through electronic media, blogs, vlogs or social
media platforms such as Facebook, WhatsApp, Twitter or any application.

c. Physical: Approaches another person at such a close distance that the person feels
uncomfortable, holding, hugging, patting, rubbing, pinching, kissing, licking, or groping.
For example, a male co-worker or superior sometimes gives lady clerk a pat on the shoulder
as a way of saying she has done a good job but lately the action has become more physical

4
 by resting his hand on hers and putting his arms around her shoulder. This is Physical
Harassment.

d. Psychological: The act of trying to sexually approach, induce, urge, threaten or persuade
to satisfy sexual desire. For example, when a male co-worker or superior has shown his
interest in female co-worker, but she is not interested on him. She refuses from accepting
his dates and yet the male co-workers showering her with signs of his affection by leaving
flowers on her table, dropping hints and finding ways to be alone with her and making
hidden threats. This is Psychological Harassment.

Some related cases also reported in Astro Awani regarding sexual harassment in Malaysia by
Dania Zainuddin, 18 February 2021. According the news, in the first incident, a woman claimed a
policeman at Jalan Duta roadblock asked why she was not wearing a bra and he then allegedly
asked her to reveal her breast before threating to issue a summons if she refused. This issue getting
viral on Twitter and she also included a copy pf a police report.

In another cases, a woman in Penang took to social media to share her experience being stopped
by a police officer who took down her details including her phone number and she said the officer
then texted her later to ask to get to know her better. In Malaysia, this kind of cases considered
serious. According to Bukit Aman Integrity and Standards Compliance Departments (JIPS)
director, Datuk Zamri Yahya, the police officer in the alleged sexual harassment at Jalan Duta was
relieved of roadblock duty, he said while the officer has not been suspended from normal duties,
he had been transferred to the administrative division temporarily while investigation was being
conducted.

5
2. QUID PRO QUO AND HOSTILE ENVIRONMENT

Cases 1: Quid Pro Quo Sexual Harassment During Recruitment

Airin, a graduate of fashion designer degree, one day she attended an interview at a
reputable company to get a suitable job for herself. At the President’s room, the male interviewer
showed her an AV, saying that it was intended test whether she open-minded enough. Later on,
the interviewer pawed her, alleging that it was to test whether she was able to adapt herself to work
pressure and for her part Airin felt quite angry and shamed. This is a case of quid pro quo.

Cases 2: Quid Pro Quo Sexual Harassment in Workplace

Quid pro quo sexual harassment in workplace. For example, Nina work at factory company
in Terengganu. Kamal her big boss has bothered Nina by doing various ways against her that cause
Nina to feel unpleasant. Furthermore, her big boss often sends her an emails and SMS, saying he
liked her, and repeatedly asking her to out with him and to be her lover. He also touched Nina
thigh in the meeting room while discussing work matters. Besides that, he also said he liked Nina
and wanted to know about Nina more. After that Nina repeatedly hinted that she was married and
it was inappropriate to do so. However, Kamal kept harassing Nina. Consequently, Nina had to
explicitly express her refusal and disobedience she again and again turned down the invitation to
dinner, she intentionally had her hair cut short, because Kamal liked women with long hair.
Furthermore, Kamal liked to watch the lower legs of women, so she only wore long trousers and
never wore t shirt. In spite of this Nina was cheated into the meeting room with the excuse of
business several time where she was forcedly touched and hugged by Kamal while the door was
closed.

Nina feels that pressure given by Kamal makes her stressed and wants to quit her job but she has
a family to support and her mother has cancer. Kamal also did not allow Nina to stop working and
become more depressed and wanted to commit suicide by tapping her arm with a knife in the
company’s store. Luckily, her husband come to the company in time, and send her to hospital,
where she regained consciousness after the emergency treatment.

6
Hostile Environment Sexual Harassment

When one party interferes with the work performance of the victim in an unreasonable
manner, or intentionally leaves the victim in an intimidated or hostile work environment or exposes
the victim to a rude, lewd and uncomfortable work environment, it constitutes a hostile
environment sexual harassment.

For instance, at a company’s annual meeting in November 2006, Jamal Sidek, an expatriate
supervisor of the company, went to the stage to sing a song, where he loudly called the name of
Yasmin. Frightened, Yasmin went under the table. However, he still found her and after singing,
forcefully hugged her, clutched her at the throat and touched her breasts. Her hands became blue
because of the dragging. As a result, Yasmin had to tightly grips the chair. After that night, Yasmin
wept for two days. Although more than a year passed, Yasmin still often wakes up from nightmare
at night. This is case of hostile environment sexual harassment.

In the second case of quid pro quo sexual harassment, Kamal raised the salary of his
mistress to 15,000 yuan. While Nina and other people at the same post could only get 6,000 yuan.
Everybody felt unfair. In such cases, a director offers a preferential post or salary raise to an
unqualified person who repays sexual favor or accepts sexual harassment, making other employees
feel unfair. This will create a work environment hostile to other employees.

7
3. SEXUAL HARASSMENT FROM SUPERIORS, CO-WORKERS AND CUSTOMERS

Cases 1: Sexual Harassment from Superior

A woman alleged a manager sexually harassed her when working for a club over a period
of several years. The allegations in included touching her breasts, leering, and that comments of a
sexual nature were made about her body. She started she had complained to management several
times and that the complaints were ignored. She also alleged that as a woman she had been denied
promotions offered to less experienced males at the club. As a result, she resigned.

The manager and the employer denied the allegations, starting her attitude at work had deteriorated
during her employment. The matter was resolved by conciliation with employer and the manager
paying $15,000 to the complainant. The respondents also provided written apologies for any
offence the complainant may have experienced.

Cases 2: Sexual Harassment from Co-Worker

The complainant, who was of North African descent, alleged that he was subject to racist
remarks from co-worker and later his supervisor. This included: calling him offensive names, such
as “frog” and “boat person”; asking if he spent time in a detention centre; and mimicking the
complainant’s accent. Also, the complainant claimed that his direct supervisor commented
negatively about his religious customs.

The complainant also alleged he had been subjected to sexual harassment, including
making jokes about performing oral sex on his supervisor and customer to finalise sales. The
complainant eventually resigned from his position after his complaints did not resolve the issue.

At conciliation, the supervisor refuted the allegations raised against him, and said that his
working relationship with the complainant had initially been a positive one in which they enjoyed
working together, but that the complainant had performance issue. The representative from the
organisation expressed his shock at the complaint and his disbelief that there was a poor workplace
culture within his organisation, and agreed to remedies to support staff.

8
The parties agreed on the following settlement during conciliation:

• A written apology by the corporate respondent

• A written statement of regret by the individual respondent
• Financial compensation
• Training for 250 staff on the anti-Discrimination Act, and the internal and external
complaint mechanism available to all staff.

Cases 3: Sexual Harassment from Customer

The customer may have to be reassigned to a different employee. All subsequent meetings
with customer occur off-site at a neutral location or at the customer’s office. The employer may
request it deal with a different representative from the customer’s office. If the employee wants to
continue working with the customer, another employee may have to be present. The employer
must always keep in mind the decision to terminate its relationship with customer. If lesser
attempts to stop the harassment do not work, thus may be the only alternative.

The 2003 amendment to the Fair Employment and Housing Act states: “In reviewing cases
involving the acts of nonemployees, the extent of the employer’s control and any legal
responsibility which the employer may have with respect to the conduct of those non-employees
shall be considered.” (Gov Code 12940, subd. (j)(1).) This provision recognizes a company does
not have the same control over a customer as it does with employees. However, if there is some
level of control which the employer can wield, it should take advantage of that authority.

If a claim of customer harassment is reported, the employer should consider getting its
counsel involved in the decision as soon as possible. Once an employee files a lawsuit against the
employer, the jury must evaluate the step taken after the harassment was reported. A successful
defence of this claim rest on the jury finding the employer acted both promptly and reasonably to
the harassment complaint.

In conclusion, the success of a company often requires it to address complex issue and
come up with practical an answer. The legislature has imposed a basis of sexual harassment
liability which forces companies to walk a fine line. Dealing with a complaint of sexual harassment

9
by a customer is no different. The solution must be made with an informed understanding of
business realities and an appreciation for potential litigation.

10
 EFFECTS OF THE SEXUAL HARASSMENT

1. EMOTIONAL EFFECT

One component of mental health is emotional health. Emotional health is crucial to overall
health. Emotionally healthy people have control over their ideas, feelings, and actions. They are
capable of dealing with life's difficulties. They have the ability to keep difficulties in perspective
and recover from failures. They have a nice connection and feel good about themselves. Being
emotionally healthy does not imply that you are always joyful. It implies that you must be
knowledgeable of your feelings. Whether they're favorable or bad, you can cope with them. People
who are emotionally healthy nevertheless experience tension, anger, and depression. They do,
however, know how to deal with their unpleasant emotions. They can sense when an issue is too
big for them to manage alone. They also know when to seek assistance from doctor.

But different for victim of sexual harassment in workplace. As might expect the individual
who is sexually harassed suffer the consequences of the effect individuals who are sexually
harassed at work suffer as a result of the repercussions of the harassment which lead them to endure
unstable emotional tension. Year by year, the prevalence of cases of sexual harassment rises to
dangerous rate, and employers must be worried concerning their employees even though it is
necessary to minimize this problem from arising in the workplace in order to maintain a peaceful
environment without any complications.

Employees who are really sexual harassed at work have significant impact on themselves.
Survivor will feel emotional effect consequences which including anger, fear, embarrassment,
guilt, betrayal, powerlessness, and loss of control, and according to rape, abuse, and incest national
network (RAINN). The horrific sexual harassment experience in life will undoubtedly become a
nightmare for survivors, who will still have to endure in the same workplace because the victims
emotion are angry at the perpetrators act of sexual harassment against him, will put pressure on
the victim to stay in the same workplace, which can lead to the victim losing control of emotions
and being unable to do things without thinking. This is unsafe and can increase emotional stress if
not addressed quickly.

11
 Consequently, because they are less confident and feel betrayed, the victim will be sad and
easily frightened whenever communicating with everyone at work. Furthermore, emotional stress
would destroy an employee’s confidence and will have a detrimental effect on their career. This
can have negative impact on their firm in addition to losing high quality workers and the ability to
improve the company’s reputation. It can also have a negative influence on the company’s bottom
line because it would be unable to maintain employee health and welfare.

Many sexual harassment victims hold themselves responsibility for the harasser’s actions
you send the impression that the harasser has the right to continue harassing you by blaming
yourself or disregarding the problem. This might make the individual feel humiliated when
approaching a coworker and contribute to depression, resulting to the victim ability to commit
suicide. Friend and coworker this can have a negative impact on the company where the victim
works, because emotional wellbeing is important because it impact to productivity and physical
health.

12
2. MENTAL HEALTH EFFECT

Workplace sexual harassment has been increasingly more apparent in the news and many
employees that work for high powered employers and companies have come forward to tell their
story. While it seems that sexual harassment has become more pronounced in recent years, decades
have passed yet the only difference is that the majority of victims are too scared to talk about it.
Recent studies have shown that victims of sexual harassment, both men and women, are more
likely to suffer from mental illnesses such as depressions and anxiety as well as eating disorders
later on in life.

Next, victims of sexual harassment may initially use defense mechanisms and coping skills
to cover up their underlying feelings but eventually this can be affecting their mental health if they
do not seek appropriate help to cope with their feelings, and it can be detrimental to one’s mental
health. Studies show that one-third of women admit to being a victim of sexual harassment in the
workplace and 65 percent of all women have ever experienced street harassment. As a human
being, we need to respect our fellow races so that incidents like sexual harassment do not happen
among us.

However, the study also found that seven percent of men were victims of sexual harassment
at work and men in the military were ten times more likely to be victims of sexual harassment than
their peers but 80 percent of victims did not report it because of extreme fear. Regardless of power
level or gender, sexual harassment whether at work, in public or at home results in higher levels
of depression, anxiety and eating disorders in the long run. This case occurs because an employee
has lost respect for a victim of sexual harassment and this is because sexual harassment is a form
of psychological and (physical) trauma.

When this happen, these memories will have a lasting effect and will recur over and over
again as if the individual were traumatized for the first time because sounds, smell, pictures, and
feelings were not adequately processed and stored. Victims of sexual harassment will also
experience stress and risk going insane. A person may feel uncontrollable or helpless after
experiencing a traumatic event and as a result, they use restrictive behaviors to control aspects of
their life to hide feelings of shame, despair and fear. They will also act out of control after
experiencing sexual harassment in the workplace.

13
 Other self-destructive behaviors used to self-medicate after an event are self-injurie that
are so severe that they can be fatal. The purpose of this self-injury committed by the victims of
sexual harassment is to release anger and guilt towards oneself. Eating disorders like other self-
destructive behaviors are ways to maintain control while distancing oneself from the pain.

Next, emotional and psychological trauma caused by sexual harassment can not only result
in devastation in an individual’s daily life but when left untreated, it can result in severe mental
health disorders and difficult to cure such as major depressive disorder, post-traumatic stress
disorder, short stature disorder psychotic and generalized anxiety disorders. Friends or people
around the victims of sexual harassment should play their respective roles in relieving the trauma
experienced by the victims of sexual harassment.

The grief and frustration as a result of such a traumatic event can caused individuals to
attempt suicide and do life-threatening things. Things like this happen to victims of sexual
harassment in the workplace because they feel depressed and ashamed as a result of human actions
that lose respect for others. Seeking the help of these disorders and complications is the key to
living a successful and positive live, and being able to avoid the occurrence of unwanted things
happening.

To the knowledge of the public this sexual harassment can have a negative impact on
academics, psychology, and behavior victims in a very long time. Victims of this sexual
harassment also tend to experience substance abuse problems such as chemicals that endanger the
life and health of the victim. These health problems can arise even if a person is not a victim of
sexual assault. Sexual harassment tends to occur frequently in the male industry, as well as with
male employees or male employers. This particularly widespread where there is a higher
percentage of men who do not support strength structures than women, compares to no exposure.

Victims of sexual harassment who are frequently harassed by co-workers, supervisor and
subordinates have higher levels of depressive symptoms than victims who are harassed by clients.
Unfortunately, often the norm in the workplace is that powerful men are left to be predators and
stay away from bad behavior. In the tech industry and budding communities, he levels of sexual
harassment and its health consequences for women is very high and endangers women out there.

14
3. PHYSICAL EFFECT

Being sexually harassed can impact physical well-being and vocational development. The
body’s natural reaction to dealing with the traumatic sexual harassment can have a traumatic and
negative effect on a person’s long-term physical health. Sexual assault can affect a survivor’s
health in a number of ways. In a long way of facing the traumatic harassment in working
environment, usually a survivor will try to make a report and dealing with the investigation itself
can contribute to an episode of physical effect where some victims will try to overcome the
stressful investigation episode by taking alcohol or drugs. These will lead to physically dependent
on alcohol and drugs and end up contributing to physical damaged.

A recent study Presented in The North American Menopause Society (NAMS) annual
meeting in October revealed that a history of sexual harassment was associate with and increase
risk of high blood pressure, high cholesterol and clinically poorer sleep quality. The body releases
cortisol to avoid pain and inflammation and it raises the blood sugar to help free from danger.
Unfortunately, these natural responses from our body become long-lasting and contributing to poor
health impact.

For survivor, this traumatic harassment episode in life will definitely become a nightmare
and its worst if they still need to survive in the same workplace even after sexual harassment case
been reported. The continuous pressure in life after they have to live in the same environment,
will definitely contributed to the medical problems and worsen the physical impact as the survivor
copes with intrusive memories that make them feel enduring art of assault again and again. In
other words, experiencing sexual harassment contributed to negative long-term health outcome for
the survivor.

It is also reported that the survivor will be more resistant to go to dentist or medical
practitioner, as it can require amount of trust and invasiveness. This contribute to health
complication and contributed to the physical impact of the survivor.

The sexual harassment survivor will usually be avoiding from any physical appearance
because they afraid it will be contributed to the repetends of the episodes. They will try to appear
dull or not interesting in the public. A long-term behavior of neglecting the physical appearance

15
will then contributed to the decreased in self-esteem and they will appear tangled. This effect will
definitely become one of the negative physical impact to the survivor.

The sexual harassment victims will also experience the physical career related effect. They
will experience decreased job satisfaction. Working in the current company will make them feel
traumatize hence working in the new working environment also make them eave in the traumatic
environment knowing that they might feel the same experience. Some victims will change their
career goals, jobs or expertise but still leaving their entire life in traumatize.

The sexual harassment victims usually suffer the highest personal costs. They might resign
and suffer in the surviving their life and difficulty in getting a new job. These will physically
impact their life style.

16
 ACTION OR PREVENTION OF SEXUAL HARASSMENT

1. BYSTANDER INTERVENTION (WELL ADJUST)

Sexual harassment in the workplace has been a long time since women in the workforce as
an internal workforce in the organization. However, this behavior at the time received no attention
and was not reported as a problem. It wasn't until the mid-Seventies that the issue of sexual
harassment gained attention and was also considered negative behavior. The issue of sexual
harassment has reached an alarming level despite many steps and efforts that have been taken to
curb it.

An analysis conducted in 23 countries conducted by the International Labor Centre (ILO)

found between 15% to 30% of these female workers were sexually harassed by their bosses or
colleagues (Noe, Hollenbeck, Gerhart and Wright, 1994). The issue is not limited to any particular
country that can occur in any country, whether developed, developing, or backward. In Malaysia,
although official information about sexual harassment is incomplete, the issue exists and is often
discussed in mass media as well as forums organized by governments and non-governmental
bodies. In terms of sexual harassment, female workers are the most common victims of harassment
by male workers There are also victims of sexual harassment committed by employees of the same
gender category. Men's jobs are also not affected by harassment by female workers. However, the
numbers are rather low.

Based on the above statement, we can see there are many more cases of sexual harassment in
the workplace against female workers, to avoid rampant sexual harassment, workers and
employers need to work together to prevent this and must take action to reduce this sexual
harassment in the workplace. Actions that can be taken are:

i. Workers must understand sexual harassment policies, workers must be aware and
understand what is being said to be sexual harassment in the workplace. Companies, in
particular, should provide policies at the company on anti-sexual harassment. They also
need to be given examples of sexual harassment that can occur so that they understand
the nature of the policy. The policy should also be able to make clear that such actions

17
 will not be accepted at the company, and will not respond to hatred of someone who
has filed a harassment complaint. Companies must also explain the penalties that will
be imposed for sexually impaired behavior in this place so that they do not make such
mistakes.

ii. Companies should strive to provide enough information to workers at the company
such as creating seminars every year to review sexual harassment policies to explain
what sexual harassment is and what to do if someone has claimed to have been sexually
harassed. Employers can set up meetings to explain anti-sexual harassment policies that
all company staff should attend so that everyone in the company can understand the
policies and effects of sexual harassment. Training supervisors are also very important.
In many cases, these people will be the first line of sexual harassment protection. They
are good at how to handle sexual harassment cases. This seminar should be conducted
four times a year so that employee knowledge is not easy to forget and always
remembered about sexual harassment in the workplace is a thing that should not be
done.

iii. Workers should always be vigilant in the workplace, especially female workers.
Companies in particular the human resources division must be sensitive to workplace
situations. If they are in doubt, ask employees if they have any concerns. If they are the
ones who make such behaviors can be interpreted as sexual harassment either by seeing
or hearing then the company should take appropriate action immediately if sexual
harassment is suspected

iv. Workers must act with confidence. Every woman or man in the workplace should have
a trait of assertiveness and courage, this is because weak individuals are often targeted
as sexually impaired. If they are facing sexual harassment, the first thing to do is to act
and speak out strongly, loudly, and confidently, every individual should avoid being
away from many situations where sexual harassment can occur. Letting everyone be in
the company of sexual harassment will not be welcome. If someone makes a lewd
comment, ask them not to. Make sure the employee's position, in this case, is clear.

18
v. Workers must work with the right company. The choice of a workplace is very
important. If an employee is sexually harassed and at the same time the employee has
an employer who does not care about this situation, the employee should leave the
company to maintain self-dignity and self-safety. This is because if something happens,
the chances of employees will not get very high employer support. In addition, they are
encouraged not to maintain relationships with individuals they feel uncomfortable with
for work. Stay away from individuals who like to use words and actions of a sexual
nature only make friends who can be trusted and appreciated for better relationships to
do work together.

vi. Dress and act politely. It's important to understand that some people put themselves in
trouble unnoticed. They can be interpreted as encouraging sexual harassment by
dressing or acting inappropriately. For example, dressing infrequently and being able
to see the physical body to work to expose the body is very unnatural. This sensitivity
applies often to female workers who always wear clothes that are not in design. Of
course, victims remain innocent if sexual harassment occurs against them, but it is very
important to keep as many employees away from situations where action can occur.

19
2. TAKE APPROPRIATE ACTION (LAW AND CODE OF PRACTICE)

Employment Act 1955

Sexual harassment was included under part XVA Employment Act 1955 in 2012. A
definition to sexual harassment was given under Section 2 It defines sexual harassment as any
unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical,
directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of
and in the course of his employment. This is only limited to workplace sexual harassment. Part
XVA, Section 81A till 81G, states how to complaint sexual harassment at workplace and the
mandatory duty to enquire by the employer on sexual harassment complaints. It also lists down
appropriate actions to be taken by the employer if sexual harassment is proven. Unfortunately, this
Act has a lot of limitation. According to Employment Act 1955 in 2012 under section 354 by the
offences Molestation (Assault or use of criminal force on a person with intent to outrage her
modesty). The penalty will be maximum imprisonment of 10 years or a fine or whipping or any
two of those punishments. Under section 355. Offences of assault or use of criminal force with
intent to dishonors a person, otherwise than on grave provocation. The punishment will be
Maximum imprisonment of 2 years or fine or both. Sections 377D Offences of outrages on
decency. The punishment will be maximum penalty of 2 years. By sections 509 with offences of
by word or gesture intended to insult the modesty of any person. The punishment will be maximum
imprisonment of 5 years or fine or both.

Company Relations Act 1967

The Industrial Relations Act 1967 applies to the whole of Malaysia and provides for the
rules of relations between employers and workers with their unions and prevention and corporate
dispute resolution. ‘Employee’ refers to any person, including an apprentice, employed by an
employer under a contract of employment to work for wages or rewards. If you are unfairly fired
or resign for sexual harassment, Section 20 of the Industrial Relations Act 1967 can help you

20
regain employment or compensation as compensation through the Industrial Relations Department
if it is proven unfair.

Code of Practice for the Prevention and Elimination of Sexual Harassment in the Workplace.

In 1999, the Ministry of Human Resources introduced a Code of Practice on the Prevention
and Elimination of Sexual Harassment in the Workplace. This is to encourage employers to use
the Code of Practice in sexual harassment cases and internal methods to prevent sexual harassment
in the workplace. This code serves as a practical guide to companies to establish their own methods
for addressing the issue of sexual harassment in the workplace. Unfortunately, this Code of
Practice is ineffective as it is a mere guideline and companies are not obligated to adhere to it.

Public Service Department Circular Updated 2018

In 2018, the Public Service Department issued a circular, a more comprehensive guideline
to address sexual harassment in the workplace for civil servants in the country. Sexual harassment
is one of the conducts prohibited under regulation 4A of the Public Officers (Conduct and
Discipline) Regulations 1993 [P.U. (A) 395/1993]. 2. Persons who have officers who have
committed sexual acts, they may use discipline for having made rule 4A or rule 4 (2) (d) of P.U.
(A) 395/1993. A Public Officer found guilty of sexual harassment may be liable to any one or any
combination of two or more punishments, depending on the seriousness of the offense pursuant to
regulation 38 P.U. (A) 395/1993 that is warning, fine, forfeiture of emoluments, deferred salary
movements, salary cuts, demotion or get fired.

Communications & Multimedia Act 1998.

Section 211 provides: - "No content application service provider or other person using content
application services shall provide content that is indecent, obscene, false, threatening or obscene
in nature with intent to harass, abuse, threaten or bothering anyone. " This section states that
content application service providers or content application service users may not provide content
that is indecent, obscene, false, threatening or obscene in nature. Content application services play
an important role in disseminating information to the public. Users of content application services
21
also may not submit information or any matter involving anything indecent, obscene, false,
threatening or obscene in nature. It is an offense for an individual to post content that is considered
inappropriate, obscene, harmful, hurtful or threatening to others. In addition, harassment in writing
or through images and pictures sent in a pornographic nature is included in the category of sexual
harassment. Importantly, the victim feels disturbed by the receipt of such pornographic messages
or pictures. "A person who contravenes sub (i) commits an offense and on conviction shall be
liable to a fine not exceeding RM50,000.00 or to imprisonment for a term not exceeding one year
or to both and may also be liable to a further fine of RM1,000.00 for each day or part of a day of
the offense it continued after conviction. "

Section 233 provides: A person who a) by using any network facility or application service
knowingly makes, creates or solicits; and initiate the transmission of, any comment, request,
suggestion or other communication that is obscene, indecent, false, threatening or obscene in
nature with intent to offend, harass, threaten or harass another person; or initiate a communication
by using any- b) any application service, whether continuously, repeatedly or otherwise, and
during that time the communication may or otherwise, and during that time the communication
may or may not take place, with intent to offend, harassing, threatening or harassing any person
at any number or electronic address, is an offense. A person knowingly- a) by using a network
service or application service provides any obscene communication for commercial purposes to
any person; or b) an application service under the person's control to be used for an activity
described in paragraph (a), is permitting a network or committing an offense. The punishment for
each act convicted of an offense under this provision is a fine not exceeding fifty thousand ringgit
or imprisonment for a term not exceeding one year or both and may be extended to a fine of one
thousand ringgits for each day the offense continues after conviction.

22
 CONCLUSION

Sexual harassment in the workplace is a negative symptom that should not be

underestimated by any party. Behavioural sexual harassment includes five types of forms, namely
harassment whether verbal, gestural, visual, psychological or physical. These symptoms not only
have a negative impact on the victim, but will also affect the workplace environment. The
conceptual framework of the study was constructed in this study namely sexual harassment
(independent variable) and work stress (dependent variable). The researcher has also described
three objectives that will be achieved based on the conceptual research framework, namely to study
the common forms of sexual harassment, the relationship between sexual harassment and
demographic factors and the relationship between sexual harassment and work stress.

The country's rapid development has pushed the construction industry to become one of
the most important industries in generating the economy so that the country can compete with
other countries. Good safety and health practices are the key to the success of a project. There are
a number of safety and health practices that need to be adhered to. For example, compliance with
procedures and rules, supervision and monitoring and so on. This practice is able to reduce the risk
of accidents when working at high altitudes. Employees must comply with the AKKP 1994
regulations and it is the responsibility of employers and employees to ensure that everything is
safe. Failure to comply with it can result in disaster and can be fined if convicted.

Even so, victims of sexual harassment are seen to be experiencing physical stress and
psychological. Because women workers are usually a minority group in a organizations and half
of them are heavily dependent on jobs for a living, then they take action of silence. As such, they
are seen to be are tolerant of sexual harassment behaviours that occur to themselves. Looking at
the existing legal provisions, it is hoped that victims of sexual harassment are more exposed to
information regarding how and what options which they have to report cases of sexual harassment
in the workplace. Apart from the government necessary to enforce existing laws, employers also
need to play role in educating employees about the space they have to report complaints regarding
sexual harassment cases.

Each data covers all aspects that need to be taken into account, including references from
several previous studies. Each piece of information obtained will be analysed to identify the level

23
that has been achieved. Employees involved in the study were randomly selected and information
was recorded in questionnaires and interviews Therefore, based on the results of the study, it can
be concluded that the level of practice and awareness on the safety and health of GBSB employees
is at a satisfactory level. Percentages indicate that the majority adopt a safe work culture and adhere
to procedures. Some suggestions are given for improvement over time

24
 REFERENCES

1. Mental health consequences associated with workplace sexual harassment. Discovery

Mood & Anxiety Program. (2019, May 2). https://discoverymood.com/blog/mental-
health-consequences-associated-workplace-sexual-harassment/.

2. Rahman, S., & Pauzi, S. F. M. (n.d.). Gangguan Seksual di tempat kerja. Gading Journal
for Social Sciences (e-ISSN 2600-7568).
https://gadingss.learningdistance.org/index.php/gadingss/article/view/206.
3. Astro Awani, Berita Tajuk utama Hari Ini, Berita semasa, Berita Terkini Malaysia,
Dunia, SUKAN, Hiburan, teknologi, Gaya Hidup, AUTOMOTIF, POLITIK, FOTO,
VIDEO, Dan SIARAN Langsung TV. (n.d.). https://www.astroawani.com/berita-
malaysia/consider-sexual-harassment-283114.
4. Astro Awani, Berita Tajuk utama Hari Ini, Berita semasa, Berita Terkini Malaysia,
Dunia, SUKAN, Hiburan, teknologi, Gaya Hidup, AUTOMOTIF, POLITIK, FOTO,
VIDEO, Dan SIARAN Langsung TV. (n.d.). https://www.astroawani.com/berita-
malaysia/sexual-harassment-problem-malaysia-how-identify-sexual-harassment-and-
what-do-283518.
5. Undang-undang gangguan seksual di Malaysia / Ahmad Shamsul Abd. Aziz by Ahmad
Shamsul Abd. Aziz, Bentong, Pahang Darul Makmur: PTS Publications & Distributors,
2005.
6. Noe, R.A., Hollenbeck, J.R., Gerliart, B., & Wright, P.U. (1994). Human resource
management: Gaining ci competitive advantage. Burr Ridge, IL: Irwin.
7. Wikimedia Foundation. (2021, August 27). Sexual harassment in Malaysia. Wikipedia.
https://en.wikipedia.org/wiki/Sexual_harassment_in_Malaysia.
8. Patolga, M. H. (n.d.). Akta perhubungan Perusahaan 1967 ('IRA'). Academia.edu.
https://www.academia.edu/5297843/Akta_Perhubungan_Perusahaan_1967_IRA_.
9. Sexual harassment: Laws in Malaysia. WCC. (n.d.). https://www.wccpenang.org/sexual-
harassment-laws-in-malaysia/.
10. Wikimedia Foundation. (2021, June 13). Suruhanjaya Komunikasi DAN MULTIMEDIA
MALAYSIA. Wikipedia.
https://ms.wikipedia.org/wiki/Suruhanjaya_Komunikasi_dan_Multimedia_Malaysia.

25