Recent Development in Sexual Harassment Law in Malaysia: Whither the Victim's Protection?

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.