By Dania Marsya & ohd Sharen Azli Alzalip
According to the Minister of Women, Family and Community Development, Datuk Seri Nancy Shukri, it was reported that sexual harassment cases have been consistently rising since 20221 , with the number scaling up to 666 in 2024. On the surface, sexual harassment is included in several Malaysian statutes and codes which explains the purview of the act. For example, Section 2 of the Employment Act 1955 outlines sexual harassment as any unwanted conduct of a sexual nature, be it verbally, non-verbally, visually, through gesture, or physically, which is directed at a person and considered offensive or poses a threat to the individual’s well-being in their workplace. The discussion can be developed further by referring to the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace, governed by the Ministry of Human Resource, whereby the assessment of sexual harassment is dependent on the perception of the recipient witnessing or experiencing acts of sexual nature during their employment on reasonable grounds.
In addition to that, England’s Equality Act 2012 clarifies sexual harassment as an engagement in an unwanted conduct of sexual nature whereby the purpose or effect of conduct is either violating a person’s dignity or creating an intimidating hostile, degrading, humiliating or offensive environment for them. Sexual harassment comes in various manners through various mediums such as verbal harassment be it physically or virtually, such as jokes with underlying sexual meaning, unwanted and inappropriate expressions like ‘sayang’, vulgar comments including noises like wolf-whistling or cat-calling, requests for sexual favours, inappropriate discussion of an individuals sexual lifestyle and last but not least sexually inappropriate remarks on a person’s body or appearance. Other manners of sexual harassment would also involve gestural conducts such as sexually suggestive hand gestures and unwanted leering or ogling whereas visual conducts would include displays of obscene materials or sexual posts on social media. A common phenomenon that happens nowadays is taking photos or videos under a person’s clothing or known as ‘upskirting’. Only recently it was reported by several news outlet of this foul conduct where a man was caught taking pictures under a woman’s skirt3 . These examples are, without a doubt, one out of a million examples where sexual harassment could be shined through within the workplace, thus making the list of unwelcome acts non-exhaustive.
What comes with sexual harassment would leave profound and far-reaching negative consequences for the victims not only in their personal life but as well as the overall environment of the workplace. In 2017, Kim Beaney was a 42-year old in Sandiacre, England had become a victim of sexual harassment when the male manager of her then future employment took her personal phone number from the application form to contact her beyond working grounds5 . This then led him to obsessing her over text and Facebook which then escalated to him demanding kisses, mentions of sexual favours and sending partly nude photos. To make matters worse, he then threatened to kill her once she mentioned reporting him to the HR of the company, where she was blamed and belittled then consequently rejected her request to change depots. At the end, she had made the decision to resign in August 2017. Beaney later filed a claim with the Employment Tribunal where fortunately the tribunal granted the claim in her favour in March 2020, calling her former company’s response as “atrociously poor”, then awarding her £74,000 in compensation. In Malaysian, individuals are able to file a sexual harassment complaint to address and prevent any forms of sexual misconduct in the workplace. According to Section 81A of the Employment Act 1955, the legislation explicitly outlines person who are entitled to make such complaints6 . This includes scenarios where the complaint is filed by an employee against another employee within the same organization, by an employee against their employer or even vice versa. This provision protects victim from sexual harassment regardless of their specific position or relationship with the alleged harasser or victim within the organisation’s hierarchy. This would further empower the victim to make a report regardless of the power imbalance in the workplace.
Besides provisions, several key legal cases in Malaysia have also shaped the understanding and legal treatment of sexual harassment such as the case of Mohd Ridzwan bin Abdul Razak v Asmah binti Hj Mohd Nor7 . This landmark case established the tort of sexual harassment under the Malaysian law whereby the defendant was allegedly sexually harassed by her manager which is the defendant. The three courts have all interpreted the act differently, wherein the High Court found the vulgar and sexual words uttered did not explicitly rule on sexual harassment as a legal claim at the time. The Court of Appeal however acknowledged the breach of the Code of Practice albeit considered the case under the tort of intentionally causing nervous shock. Ultimately, the Federal Court upheld the dismissal of the general manager’s defamation claim against the employee and crucially recognised and established the tort of sexual harassment with reference to the existing Code of Practice and the Employment Act. As a result, the court outlined the elements required to establish a sexual harassment case which firstly, the conduct must be sexual in nature, secondly, there must be unwantedness and lastly, the victim feels their job performance is threatened.
In order to conduct an inquiry into a sexual harassment complaint, employers are expected to take appropriate disciplinary actions 8 . The established guidelines provide that than employer should include: (i) dismissing the employee without notice, specifically immediate termination or employment, (ii) downgrading the employee, effectively demoting them to a lower position or level within the organisation or (iii) imposing any other lesser punishment that the employer deems just and fit under the circumstances. The punishment would include and not limited to written warnings, suspension without pay or mandatory participation in sexual harassment awareness or training. These guidelines underscores the severity with which proven cases of sexual harassment should be treated within the workplace, equipping employers with a tactful approach to ensure accountability as well as providing a safe and respectful working environment for all parties involved.
In conclusion, employers have the utmost duty to prove a safe and healthy working environment that encompasses not only physical safety but as well as the mental and emotional well-being of their employees. This would include ensuring all members of the organization are protected to prevent any workplace misconduct, specifically sexual harassment. With a positive step, Malaysia has provided a legal framework to combat unwanted acts with the existence of the Anti-Sexual Harassment Act 2022. However, it was criticized for its limited protection, specifically when it comes to retaliation against survivors and the lack of clear mandate for serious accountability on the employers9 . Nonetheless, the Act has ensured measures of justice for victims whose complaints were previously dismissed due to fear or lack of evidence. With that being said, there still is many rooms for improvement in enforcing accountability and safeguarding the rights of victims to ensure that not only they are protected, but also that justice is both accessible and effective.
References
CHUA, ANDY. 2025. “Sexual Harassment Cases Rising since 2022, Says Nancy Shukri.” The Star. January 12, 2025. https://www.thestar.com.my/news/nation/2025/01/12/sexual-harassmentcases-rising-since-2022-says-nancy-shukri.
Hasmin, Zaiton , Saslina Kamaruddin, and Wan Rosaili Wan Rosli. 2023. “When the Law Is HalfBaked: A Critique of the New Anti-Sexual Harassment Law in Malaysia.” JAS. December 31, 2023. https://jas.uitm.edu.my/images/2023_DEC/14.pdf.
Khindria, Premsheila. 2024. “Sexual Harassment in the Workplace – Malaysia.” Www.wolterskluwer.com. May 13, 2024. https://www.wolterskluwer.com/en-my/expertinsights/sexual-harassment-in-the-workplace-malaysia.
MahWengKwai & Associates. 2021. “Sexual Harassment in the Workplace.” MahWengKwai & Associates. MahWengKwai & Associates. December 7, 2021. https://mahwengkwai.com/sexualharassment-in-the-workplace/.
Ro, Christine. 2021. “The Long-Lasting Effects of Workplace Sexual Harassment.” Www.bbc.com. November 15, 2021. https://www.bbc.com/worklife/article/20211113-the-long-lasting-effects-ofworkplace-sexual-harassment.
“Sexual Harassment at the Bar (Council) | AWAM – All Women’s Action Society.” 2019. Awam.org.my. 2019. https://www.awam.org.my/sexual-harassment-at-the-bar-council/.
Times, New Straits. 2025. “ ‘Uncle, Please, I’m Begging,’ Says Man Caught Filming Upskirt at MRT Station.” NST Online. New Straits Times. June 24, 2025. https://www.nst.com.my/news/nstviral/2025/06/1235087/nstviral-uncle-please-im-begging-says-man-caught-filming-upskirt-mrt.