Issues in Human Resource – Sexual HarassmentEssay Preview: Issues in Human Resource – Sexual HarassmentReport this essayISSUES IN HUMAN RESOURCE:SEXUAL HARASSMENTDEFINITIONIn Malaysia, the frequent occurrence of sexual harassment in workplace has becoming an alerting notion as more and more women are joining the workforce. While men may be sexually harassed, the most common victims are always women. “Sexual harassment is when one employee makes continued, unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes.” (Heathfield.M.Susan, Para. 2) .” When this behaviour interferes with a persons work performance and creates an intimidating, hostile, or offensive work environment, it is considered harassment. The behaviour doesnt have to be directed at someone for it to be offensive to them.” (Waldrop Anne Sharon, Para. 2). In Tennessee, their local courts even describe sexual harassment as any unequal treatment of an employee that would not occur if its not because of the employees gender. The conduct does not have to be sexual in nature but would still create a severe uncomfortable feeling. Thus, sexual harassment is a form of sex discrimination and so it is an illegal practice that should not occur in a working environment.
A case of sexual harassment will only result in low morale and poor productivity of the work place. Some forms of sexual harassment are obvious such as making inappropriate comments or touching another person deliberately. However some other forms may not be obvious as harassment perception vary from one employee to another. As such, an employee who overhears two other employee sharing a dirty joke may be offended and thus something that the third party overhears may be considered as sexual harassment. Some other examples of sexual harassments are:
Eyeing somebody inappropriately while making a commentPassing around dirty jokes that somebody got from the internetSharing details about someones sex lives publiclySTATE OF LAWIn the United States, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. The Act applies to employers with fifteen or more employees.
In Malaysia, there arent any law to deal specifically with sexual harassment cases. However, there is only one law in existence that comes close in dealing with sexual harassment issues which is the 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 or gesture or exhibit any object, intending that such word or sound shall be heard, or such gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which may extend to 5 years or with fine, or with both”.
However, because the Penal Code, section 509 only deals with the physical aspect, most sexual harassment cases are handled by the police and claims made under Penal Code, section 509. Nevertheless, the Industrial Relations Act 1967 which is the law that protect the individual right of every employee, may be altered to provide certain actions against the harasser. In light of recent events, the Ministry of Human Resource has encourage all employers to adopt the Code of Practice so that it can be used to curb sexual harassments act and acts as internal mechanism to prevent sexual harassment at the workplace. The Code of Practice outlines the statement of purpose, legal definition of harassment, descriptions of behaviour that constitutes harassment, how employees should handle harassment, how the company handles
The Sexual Harassment Prevention Act 1995 (which was the first and only law that was fully developed in accordance with the UN Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment) provides for the regulation and enforcement of the Code of Practice, including a detailed list of acts so to determine if harassment has been committed. In short, it provides for “the prohibition of discrimination due to religion or social or cultural background”, so to speak. It also provides that “any employee shall be a party of court to proceedings to punish, punish and punish any employee who fails to take reasonable precautions that the employees will be treated fairly, safe and on the same level as for other employees.”
In a context of such clear and compelling reasons to believe such actions can be taken against the individual who has been sexually harassed, the Code of Practice provides for an enforcement mechanism and measures to be taken against the harasser against the employee and that the law is based on the principles of law rather than on individual individual discretion. In our case, we are looking to law enforcement the perpetrators on a case-by-case basis and will seek to provide a resolution to the harassment in our case.
As the Code is based on the principles of law whereas, the law may simply apply itself to other situations and do not apply to all situations, all cases shall be decided under the jurisdiction of police, through their discretion, and without recourse to court proceedings. Such cases shall be dealt with properly in accordance with the laws and not by individuals exercising their religious or cultural beliefs and beliefs as determined by judicial authorities. In practice, police in the context of the Criminal Code can do their best to take all cases into their own hands. In many cases there are cases where police are unable to reach a decision and do not pursue the matter in the case under consideration. This is because on the basis of “clear and compelling reason to believe” such a decision by a police officer can be made or implemented, such case is subject to police discretion and the court can impose a protective order in the case. Such a protective order may be granted in each case by a Supreme Court Justice, and any legal and administrative issues regarding it are left to the case law judges.
Such a court, for their own independent protection to those seeking to apply the Code shall deal with the matter in the best possible manner and in a fair and impartial manner in such cases as may be required and appropriate in the case. All decisions regarding the treatment or discipline of employees should be addressed objectively in order to determine the validity of the employee’s free and fair employment action. The Code of Practice explains that a company’s right to fair dismissal is determined in accordance with the principle of equal protection, the law of equality, and equality of benefits under the law of law. It also states that “a violation by an employee of any law, regulation, standard, principle or regulation is an offence punishable by such law or regulation, as an adverse effect on the rights of that employee in accordance with those rights”. The government has provided various legal advice in regard to the rights of employees to respect the fundamental rights of members to their own dignity and the dignity of others. It should further explain that many of the actions taken against harassers are motivated by religious, cultural and social concerns which