Anti-Sexual Harassment Act 2022 Malaysia: Employer Responsibilities and Employee Rights

Sexual harassment is no longer just an employee relations issue. It is now a significant legal, compliance, and workplace culture concern for employers across Malaysia.

Since the Anti-Sexual Harassment Act 2022 (Act 840) came into force, individuals have gained access to a dedicated Tribunal for sexual harassment claims. Together with employer obligations under the Employment Act 1955, organisations are expected to take complaints seriously, investigate them promptly, and maintain a safe working environment.

Failure to do so can expose businesses to legal disputes, financial costs, reputational damage, and employee turnover.

This guide explains the Anti-Sexual Harassment Act, employer responsibilities, employee rights, and the practical steps HR teams should take to remain compliant in 2026.

What Is the Anti-Sexual Harassment Act 2022?

The Anti-Sexual Harassment Act 2022 (Act 840) is Malaysia's first standalone law specifically addressing sexual harassment.

The Act established the Anti-Sexual Harassment Tribunal, providing individuals with a more accessible avenue to seek remedies for sexual harassment without necessarily going through lengthy court proceedings.

The law applies broadly and is not limited to workplace relationships. However, employers should pay particular attention to the workplace implications, as organisations have legal responsibilities when harassment complaints arise.

What Counts as Sexual Harassment?

Sexual harassment refers to any unwanted conduct of a sexual nature that may be offensive, humiliating, intimidating, or threatening to another person.

Sexual harassment can occur between:

Managers and employees
Colleagues
Clients and employees
Vendors and employees
Job applicants and interviewers

Verbal Sexual Harassment

Examples include:

Sexual jokes or remarks
Inappropriate comments about a person's appearance
Repeated requests for dates after rejection
Suggestive comments or questions

Non-Verbal Sexual Harassment

Examples include:

Sending inappropriate messages
Sharing sexual images or videos
Displaying offensive materials
Making sexually suggestive gestures

Physical Sexual Harassment

Examples include:

Unwanted touching
Physical advances
Inappropriate physical contact
Blocking someone's movement

Online Sexual Harassment

Examples include:

Inappropriate WhatsApp messages
Harassing emails
Unwanted social media messages
Sexual comments through workplace communication platforms

A single serious incident may be sufficient to constitute sexual harassment.

Who Can File a Sexual Harassment Claim?

Under the Anti-Sexual Harassment Act 2022, any person who experiences sexual harassment may file a claim with the Tribunal.

Key points include:

Claims can be filed directly with the Tribunal
Internal workplace procedures do not necessarily have to be exhausted first
Claims generally must be filed within two years from the last incident of harassment
Both employees and non-employees may bring claims depending on the circumstances

This provides victims with an additional avenue to seek redress beyond workplace grievance procedures.

Understanding the Anti-Sexual Harassment Tribunal

The Anti-Sexual Harassment Tribunal was established to hear and determine sexual harassment claims.

The Tribunal provides a more accessible dispute resolution mechanism compared to traditional court proceedings.

The process may include:

Filing of a claim
Notification to the respondent
Mediation opportunities where appropriate
Tribunal hearing
Issuance of a decision and remedies

The Tribunal may order various remedies depending on the circumstances of the case.

Employer Responsibilities Under Malaysian Law

Employers have a legal responsibility to provide a workplace that is safe, respectful, and free from harassment.

Several provisions under the Employment Act 1955 impose obligations on employers when handling sexual harassment complaints.

Investigate Complaints Promptly

When an employee reports sexual harassment, employers should conduct a fair and timely inquiry into the complaint.

Ignoring complaints or delaying investigations can create legal and organisational risks.

Protect Employees From Retaliation

Employees who raise complaints should not face discrimination, victimisation, intimidation, or adverse treatment because they reported misconduct.

Maintain Confidentiality

Information relating to complaints should be restricted to individuals directly involved in handling the matter.

Confidentiality helps protect all parties involved and supports a fair investigation process.

Take Appropriate Action

Where misconduct is substantiated, employers should implement disciplinary measures that are proportionate to the seriousness of the offence.

Promote Awareness

Employers should educate employees on acceptable workplace behaviour and reporting procedures through regular training and communication.

Can Employers Be Held Liable?

Employers may face legal exposure if they fail to take reasonable steps to prevent or address workplace harassment.

Potential risks include:

Employment disputes
Tribunal proceedings
Reputational damage
Employee turnover
Reduced workplace morale

Employers that maintain clear policies, conduct proper investigations, and provide regular training are generally in a stronger position to demonstrate compliance and due diligence.

HR Compliance Checklist

HR teams should ensure the following measures are in place:

Conducting an annual review can help organisations identify gaps before complaints arise.

How HR Should Respond to a Complaint

Consider the following scenario.

An employee reports receiving inappropriate WhatsApp messages from a supervisor after working hours.

A proper HR response would include:

Step 1: Acknowledge the Complaint

Respond promptly and assure the employee that the matter will be handled professionally.

Step 2: Preserve Evidence

Collect relevant messages, emails, screenshots, and supporting documentation.

Step 3: Conduct an Investigation

Interview the complainant, respondent, and any witnesses.

Step 4: Maintain Confidentiality

Limit information sharing to those directly involved in the investigation.

Step 5: Document Findings

Record the investigation process, evidence reviewed, and conclusions reached.

Step 6: Take Appropriate Action

If misconduct is established, implement appropriate disciplinary measures according to company policy.

A failure to investigate may increase legal and organisational risks.

Best Practices for Employers

Employers should move beyond minimum compliance requirements and focus on prevention.

Recommended practices include:

Establish a Standalone Policy

A dedicated Sexual Harassment Policy demonstrates organisational commitment and provides employees with clear guidance.

Provide Multiple Reporting Channels

Employees may feel more comfortable reporting concerns through different channels, such as HR, management, or anonymous reporting systems.

Train Managers

Managers are often the first point of contact when issues arise and should understand how to respond appropriately.

Conduct Annual Training

Regular training reinforces expectations and helps employees recognise inappropriate behaviour.

Review Workplace Culture

Employers should periodically assess whether employees feel comfortable reporting concerns without fear of retaliation.

What Employees Should Do if They Experience Sexual Harassment

Employees who experience sexual harassment should consider:

Keeping Records

Document dates, times, locations, witnesses, and details of incidents.

Reporting Internally

Notify HR, a manager, or the designated reporting officer according to company policy.

Seeking Support

Employees may seek support from trusted colleagues, employee assistance programmes, or legal advisers.

Understanding Available Options

Depending on the circumstances, individuals may have access to internal grievance procedures, Tribunal claims, or other legal avenues.

Why Prevention Matters

Beyond legal compliance, preventing sexual harassment creates a healthier and more productive workplace.

Organisations that foster respectful workplace cultures often experience:

Higher employee engagement
Better retention rates
Stronger employer branding
Improved productivity
Reduced legal and reputational risks

Creating a safe workplace benefits both employees and employers.

FAQs

What is the Anti-Sexual Harassment Act 2022?

The Anti-Sexual Harassment Act 2022 (Act 840) is Malaysia's standalone legislation addressing sexual harassment and establishing the Anti-Sexual Harassment Tribunal.

Who can file a claim with the Tribunal?

Any person who experiences sexual harassment may be eligible to file a claim, subject to the provisions of the Act.

What should employers do when a complaint is received?

Employers should investigate the complaint promptly, maintain confidentiality, document findings, and take appropriate action where necessary.

Is workplace training mandatory?

While specific requirements may vary, regular training is considered a best practice and demonstrates an employer's commitment to prevention.

What are examples of sexual harassment?

Examples include unwanted touching, inappropriate messages, sexual jokes, offensive comments, and sharing explicit content without consent.

Build a Better Workplace With the Right People

Creating a safe and respectful workplace starts with hiring the right talent and establishing clear workplace policies.

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