Sexual harassment and gender discrimination
Sexual harassment refers to any unwanted or unwelcomed conduct of a sexual nature either by verbal, non-verbal, visual, psychological or physical harassment. As sexual harassment violates an individual's fundamental rights, the perpetrator may be subject to criminal prosecution besides a ran...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
LexisNexis
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/45531/ http://irep.iium.edu.my/45531/1/SH_AND_DISCRI.pdf |
| Summary: | Sexual harassment refers to any unwanted or unwelcomed conduct of a sexual
nature either by verbal, non-verbal, visual, psychological or physical harassment. As
sexual harassment violates an individual's fundamental rights, the perpetrator may
be subject to criminal prosecution besides a range of disciplinary measures, up to and
including dismissal from employment. Further, such ojfensive conduct has the
tendency of creating an intimidating, hostile and ojfensive work environment
which can adversely affect the industrial relations climate in the organisation.
Sexual harassment comes within the ambit of gender discrimination. In quid pro
quo harassment, a tangible loss is involved where the superior with authority to
approve job assignment, evaluation and benefits, solicits sexual favours as a
prerequisite of getting such benefits. If the unfavourable treatment was due to the
employee's refusal to accede to the sexual demands, it may well fall within the scope
of the gender discrimination. Similarly, terminating the victim's employment
contract merely because the victim could not withstand the conducts of sexual
harassment at the workplace comes also within the scope of gender discrimination.
Hence, the issue of sexual harassment and gender discrimination in the context of
Malaysian law and practice forms the basis of this paper. |
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