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Recent Development in Sexual Harassment Law in Malaysia: Whither the Victim's Protection?
Hamin, Z. Hussain, F. Abdul Rani, A.R. Kamaruddin, S. Wan Rosli, Wan R.
Hamin, Z.
Hussain, F.
Abdul Rani, A.R.
Kamaruddin, S.
Wan Rosli, Wan R.
Publication Date
2022
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© 2022 The Author(s). Published by Human Resource Management Academic Research Society (www.hrmars.com)
This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute,
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openAccess
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01/11/2022
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Abstract
Before 2012, there was no law on sexual harassment in Malaysia. However, when the
Employment Act 1955 was amended in 2012, employers must inquire into sexual harassment
complaints, failing which a criminal penalty will be imposed. Unfortunately, the new law did
not allow a complainant to claim damages from the harasser or the employer. After more
than two decades of campaigns by women's rights groups and NGOs, the Anti-Sexual
Harassment Bill 2021 (hereinafter 'the ASHB 2021') was finally enacted and passed in July this
year. Given the novelty and absence of any academic research, this paper seeks to examine
the provisions of the Bill critically to understand its scope, coverage and broader implications
for sexual harassment victims. The paper employs a qualitative research methodology,
adopting a doctrinal approach and content analysis of the primary source, the ASHB 2021,
that would provide a deeper understanding of the legislation. The authors contend that
despite being regarded as a victim-centric law, the Bill is half-baked and inadequate to protect
sexual harassment victims due to its failure to include significant provisions on the sexual
harassment definition, the protection against victimisation and employers' obligations to
prevent and address such conduct.
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Published version
Citation
Hamin Z, Hussain F, Abdul Rani AR et al (2022) Recent Development in Sexual Harassment Law in Malaysia: Whither the Victim’s Protection? International Journal of Academic Research in Business and Social Sciences. 12(11): 3089–3099.
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