Sexual harassment at the workplace is a painful subject to write about.
What many young professionals forget is that when in the course of your work, that if you feel uncomfortable or unjustly treated by a senior colleague or your employer, you do have a right to speak out. Remaining silent is counter-productive when by a person’s words or conduct, he or she directly affects you mentally and psychologically to the point that the quality of your work suffers.
The problem is that many of us, scared, a little insecure, young professionals refuses to speak up.
In one case I handled, the Client works in a government sector, and was supervised by a superior as government departments tend to have. As a fresh junior, her work involves being well groomed and she was always well dressed and made up for work like a proper Muslimah. The problem began when a new supervisor, who happened to be Dato’ took over from her previous one.
He was a single man in his 40’s. He would make unnecessary and unrelated to work sexual comments on her clothes, her physical attributes, make obscene gestures towards her and would attempt to touch her in inappropriate manner.
She was not alone in the victimization, as her other female colleagues also received the same treatment. As a result of that behaviour, the morale was low in her department. The ladies in her department even began dressing slovenly as an attempt to make the abuser lose interest. When the Dato’s advances were not entertained, his attitude became sour and found fault in their work, even though other superiors approved of their work.
I advised her to make an official and collective internal complaint, which she did, and she was called by the Head of the government division itself to address the problem. The supervisor was also called in to explain. However in the end, it wasn’t the abuser who was transferred, but it was the victim who was transferred to her hometown, as part of an agreement to keep silent over the matter.
Another Client has a similar situation where she, a properly dressed Muslimah, gets inappropriate “Jom dating!” (Let’s go out on a date) invites to lunches, dinners outside of her scope of work by her employer who was apparently interested in her as a potential wife than a valued employee.
She consistently turned them down. Eventually, the friendly invites turns aggressive to the point that she decided she could not put up with that kind of behaviour. She resigned and moved to a different Company. Unlike the first Client, she could do nothing as the problem was the employer.
How do you speak up against your employer, or a senior who has proved him/herself to be valuable to the Company/organization without negatively impacting your career?
The law provides some relief. Part XVA, S. 81A-81G of the Employment Act 1955 provides procedures for employees who decide to make a complaint regarding sexual harassment. Non-compliance of these procedures can attract a fine not exceeding RM10,000.00 as per S.81F.
An employer is compelled by law under S.81B to make an inquiry should a complaint be lodged against certain persons under his employment. An employer is also permitted to refuse to inquire the complaint, if there is no evidence of sexual harassment, and that he or she finds that it is frivolous, vexatious and not made in good faith under S.81B(3).
If the employee is not satisfied that the employer refuses to inquire into the complaint, he or she may invoke S.81B(4) and apply directly to the Director General of Labour, and the DGL in turn may compel the employer to conduct the inquiry within 30 days (s. 81D(2))or inform the complainant if he agrees with the employer within 30 days (s. 81D(6)).
If the sexual harassment is proven, under S.81C the employer is allowed to dismiss the employee without notice, downgrade the employee, or impose any punishment. The scope is wide here under the third limb.
There is also a Code Of Practice On The Prevention And Eradication Of Sexual Harassment In The Workplace issued by the Ministry of Human Resources which serves as a guideline, tho it is not legally binding. It is a good guide for employers to identify what sexual harassment is and how to curb it in the workplace.
On a more practical side, how does one differentiate between an actual harassment with the usual joking around in the workplace?
In many friendly workplaces, office pranks and off-colour jokes are the norm. Sometimes, certain groups of people (especially men) would share comedic pornographic material amongst themselves. Some would like to include their female colleagues as part including them in the group of friends, and did not realize that it is actually unwanted sexual harassment.
In my personal opinion, ‘rape language’ type jokes, “Rape your anus until it bleeds”, “Just rip your clothes off and spread your legs like the slut you are”, “If you get raped, just enjoy it bitch” for example should be outright banned. It is never funny in any context to express oneself. It is highly offensive, and is insensitive.
The context of the communication should also be taken into consideration. It is perfectly acceptable if sexual innuendos or humorous non-rape jokes are shared in a public sphere and is considered as non-offensive by the general group of friendly colleagues. Only a very eccentric fool would take “Do you like being tied up, and being whipped?” seriously, and it’s considered as threat of physical assault than sexual harassment.
The not-cool factor kicks in when the communication is on a private sphere. If text messages/email/phone call asking for sex is sent back and forth only between the two handphones, then it is definitely sexual harassment.
Ladies (and perhaps gentlemen), you set the standard of how you want to be treated. If someone in your workplace is doing things you’re not comfortable with, speak up. Say I’m not okay with this. Ask the person to stop. Speak to your colleagues or your employer if the person persists with his/her behaviour. Avoid them and exclude them from all forms of interaction unless necessary. If you find yourself in similar situation, you do have a choice and avenues to solve it.
– this article was contributed by Miss Azira Aziz self described as an eternally curious kitty who thinks that those laser beams are nefarious villains.