Harassment

Picture this. You're having lunch with your supervisor in the office pantry. They make an inappropriate comment about your appearance, followed by an unwanted touch on your shoulder that lingers too long. You freeze. Your other colleagues are at their desks, out of earshot. No one witnesses what just happened. You go home replaying the incident, wondering if anyone will believe you if it becomes your word against theirs. Months pass. The experience lingers. It starts affecting how you feel at work, especially when you're alone or reminded of what happened. Finally, you decide to look for your company's harassment policy, only to discover there isn't one, or it's so vague that you don't know where to start.

What Actually Constitutes Sexual Harassment

Many Malaysian employees don't report harassment because they're unsure whether what they experienced qualifies as harassment. The Employment Act 1955 defines sexual harassment as any unwanted conduct of a sexual nature that causes a person to feel offended, humiliated, or threatened. It's broader than most people think. Calling a colleague "sayang" repeatedly after they've expressed discomfort, commenting on someone's body or appearance, sharing inappropriate jokes, asking personal questions about relationship status, or making suggestive gestures can all constitute sexual harassment. The key factor isn't the intention, but the impact on the person receiving it. Even seemingly friendly behaviour from colleagues or supervisors can cross the line if it's unwanted.

Fear Factor: Why Employees Struggle to Speak Up

Many employers operate without comprehensive sexual harassment policies, or employees are unsure about what policies exist. When employees don't know their rights or procedures, they default to silence, enduring inappropriate behaviour for months or years. But there's another major reason people don't report harassment and that's fear. Many employees, especially when the harassment comes from supervisors or senior colleagues, worry that reporting will jeopardize their position, affect their career progression, or even cost them their job. This fear becomes overwhelming when employees don't trust that their complaints will be handled confidentially or that they'll be protected from retaliation.

The Illusion of Protection: The Policy Gap

As HR practitioners, we often encounter organizations that either lack sexual harassment policies entirely or have policies that are too vague to be useful. Some companies assume that because sexual harassment is illegal under Malaysian law, they don't need detailed internal procedures. This assumption creates dangerous gaps where employees experience harassment but have nowhere to turn within their organization. Effective policies should clearly outline reporting procedures, investigation processes, confidentiality measures, and protection against retaliation. They should also provide multiple reporting channels so employees can choose the option they're most comfortable with.

Building Trust Through Real Action

Having policies on paper means nothing if employees and managers don't understand them. Regular training helps employees recognize inappropriate behaviour early and feel confident about their reporting options. It also ensures managers know how to respond appropriately when complaints are brought to their attention. Training should address common misconceptions that prevent reporting and cover the support available to those who experience harassment. The Anti-Sexual Harassment Act 2022 created a dedicated Tribunal system, but internal mechanisms remain the first line of defense in creating harassment-free workplaces.

Handling the Emotional Complexity

As HR practitioners, these cases involve intense emotions, damaged trust, and serious reputational implications for all parties. Listen without judgment, validate experiences while maintaining neutrality, and manage the emotional weight professionally. Every report demands serious attention because dismissing even one complaint destroys trust in the entire system. This requires specialized training in trauma-informed approaches, active listening, and maintaining confidentiality during investigations. The complexity of balancing empathy with objectivity while ensuring fair treatment for all parties goes beyond standard HR training. What makes it even more challenging is conducting proper investigations when workplace dynamics shift. HR practitioner must look beyond whether the complainant and accused are currently friends or in conflict. A thorough investigation examines patterns of behaviour, not relationship status. Just because they were laughing together last week doesn't invalidate today's complaint, and just because they're fighting now doesn't automatically validate every accusation. Professional investigators focus on facts, evidence, and consistent application of policies regardless of office politics.

Taking Action Now

Organizations that fail to take harassment seriously face consequences extending far beyond legal liability. When companies lack proper policies or fail to create safe reporting environments, fear spreads throughout the workplace. Financial impacts include legal costs, increased turnover, decreased engagement, and damaged employer branding. In today's connected world, mishandled cases can go viral, causing PR disasters that take years to recover from. Failing to address harassment can escalate situations and create vicarious liability for the organization. If your company lacks comprehensive sexual harassment policies or you’re usure whether current policies address modern challenges, don’t wait for a complaint to discover inadequate procedures. At Maslow Trainers and Consultants, we assist companies in developing robust policies and procedures that employees trust, managers understand, and leaders can implement with confidence. The time to act is now, before your organization becomes another cautionary tale.