Sexual Harassment Bill: What Employers Should Know

The Dewan Rakyat has voted to pass the Sexual Harassment Bill protecting men and women from sexual harassment. Datuk Seri Rina Harun, the Minister of Women, Family and Community Development, said this in Parliament today:

"The law is for all Malaysians. It is a manifestation of the commitment of the government to prevent sexual harassment among the genders."

Although the law is intended to protect women from sexual harassment, she notes that it will also apply to men.

 

More about the Sexual Harassment Bill

According to the Sexual Harassment Bill, those who were found to commit sexual harassment could end up paying compensation of up to RM250,000 to their victims or, in default, serve a jail term of two years.

Aside from being compelled to make restitution for the victim's losses, the offender would also be ordered to issue an apology. The offender must issue a public apology if the sexual harassment occurred in public.

According to Rina, the law will also compel companies to display anti-sexual harassment posters or materials in the workplace.

She added that Dewan Rakyat has also agreed to increase the RM10,000 penalty to RM50,000 for companies that fail to handle sexual harassment incidents in the workplace. She said her ministry had drafted an action plan to implement the law once it becomes enforceable.

 

The Anti-Sexual Harassment Tribunal

The minister also said that a 12-member Anti-Sexual Harassment Tribunal would manage the sexual harassment cases. According to her, the tribunal will be set up in Klang Valley, but it can sit and hear more than just one case, which can be held anywhere.

The tribunal will be led by a president and a vice president chosen from among judiciary members. The remaining members will be former members of the judiciary or seasoned practising lawyers, as well as individuals knowledgeable about sexual harassment laws.

She stated that both the complainant and the accused are entitled to be present throughout the proceedings.

A victim will be entitled to legal representation. This right is given to the accused if the victim engages legal counsel. However, the entitlement to legal representation will only apply if the case entails complex legal issues.

According to Rina, a tribunal award is similar to a court order and is final, with appeals to the High Court for judicial review allowed on major procedural violations.

She stated that a victim of sexual harassment will still be able to submit a police report or start civil procedures against the perpetrator.

The tribunal has the right to dismiss unreasonable and frivolous complaints. Those wrongfully accused of sexual harassment will be permitted to file a criminal defamation case against the complainant.

 

The need for anti-sexual harassment laws

Earlier, Rina informed the House that attempts to enact sexual harassment laws began in 2011 and that the proposed law was eventually introduced in Dewan Rakyat last December after multiple engagement sessions.

She stated that the proposed law is in accordance with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and Article 8 of the Federal Constitution, which addresses gender equality.

She mentioned that a 2019 study of 28,852 people found that 62% thought the country lacked anti-sexual harassment laws. The vast majority, or 93.7 per cent, stated that they would have refrained from filing reports due to shame or a lack of evidence.

 

Last December, Deputy Women, Family, and Community Development Minister Datuk Siti Zailah Mohd Yusoff introduced the Bill for its first reading in Dewan Rakyat.

The proposed law was scheduled to be passed at the previous Dewan Rakyat meeting in March, but it was postponed to allow for further input from stakeholders and the general public.

A voice vote majority approved the Bill. The Bill will now be debated in the Senate and given royal approval before being gazetted for implementation.

Source: The Star