Tuesday, March 16, 2010

HOW TO PREVENT SEXUAL HARASSMENT AND THE LAW

Hye guys, as for the closing of this blog we are present you the way how to prevent this problem and the sexual harassment's law in Malaysia.

Maybe, this can help you to prevent sexual harassment not only in school but also in workplace or office.

http://www.ehow.com/how_2140061_prevent-sexual-harassment.html

When confronted with sexual harassment charges, many defendants are actually surprised that boundaries have been crossed, often pleading ignorance about what is and isn't sexual harassment. Therefore, educational programs may be the best way to prevent the occurrence of sexual harassment in the workplace. So, follow the instructions :-


Step 1

Put your company's sexual harassment policy in writing and have every employee read it and sign it. Many larger companies put a copy of the sexual harassment rules along with the hiring paperwork to ensure that every employee has reviewed the information. The policy should be stated in clear, easy to understand language and every employee should be given the opportunity to ask pertinent questions afterward.

Step 2

Adopt a clear zero tolerance policy toward sexual harassment to prevent its occurrence in your workplace. State in no uncertain terms that anyone found guilty of sexual harassment will be terminated immediately, with no exceptions.

Step 3

Explain to all employees that any claim of sexual harassment will be investigated thoroughly in a consistent and objective manner. In addition, all employees should be informed of the proper procedures involved when reporting an incidence of sexual harassment.

Step 4

Review the company's sexual harassment policy with all employees on an annual basis. This meeting should include a thorough explanation of what sexual harassment is, and how it affects the company in a negative way. Recap all reporting procedures and remind your employees that they have a right to work in a company that is free from sexual harassment.

Step 5

Train the management of the company to know how to identify and prevent sexual harassment in the workplace by reviewing all reporting procedures and by insisting that every claim of sexual harassment is handled in the same way, with seriousness and objectivity. This training should be performed separately from the meeting held for other employees in order to be effective.

Step 6

Talk to employees about conditions in the workplace. Ask them if they have seen instances of sexual harassment, and if those claims were handled properly. Keep the lines of communication open at all times to prevent sexual harassment from occurring.

Step 7

Take all sexual harassment claims seriously. Don't try to comment on the claim or downplay the incident. Write down all of the facts and follow company policy to the letter.

Now, this is the law about sexual harassment in Malaysia that we find.

http://www.jobsdb.com.my/my/EN/V6HTML/JobSeeker/handbook/regulation-of-employment/sexual-harassment_4.htm

There is only one law in existence that comes close to dealing with the issue of sexual harassment in Malaysia - Penal Code, section 509.

* The Penal Code, section 509 provides that :
"Whoever, intending to insult the modesty of any women, utters any words, makes any sound or gesture or exhibit any object, intending that such word or sound shall be heard, or such gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which may extend to 5 years or with fine, or with both".

* This existing law deals more with physical aspects. Sexual harassment cases are currently handled by the police and claims are made under the Penal Code, section 509.

* Nevertheless, the Industrial Relations Act 1967, may be amended to provide for action against sexual harassment perpetrators. This amendment is to curb sexual harassment.

* In the meantime, the Ministry of Human Resources is using its influence to encourage employers to adopt the Code of Practice against sexual harassment and an internal mechanism to prevent sexual harassment at the workplace. This code was introduced in 1999.

* The Code of Practice outlines the statement of purpose, legal definition of harassment, descriptions of behavior that constitutes harassment, how employees should handle harassment, how the company handles complaints, what kind of disciplinary action and name and phone numbers to lodge a complaint.

* Majority of businesses in Malaysia do not have any form of policy against sexual harassment.

Last but not least, we would like to take this opportunity to say thank you to Miss Wong Fook Fei for the guidance during making this blog. May all students of subject SKPD 1033, English for Science Social will get lot of information about sexual harassment. okay.bye bye n c u again.

5 comments:

anna azieana said...

To bring an action for sexual harassment, the plaintiff must establish that:

1. The plaintiff found the conduct to be hostile, abusive or offensive; and
2. A reasonable person in the position of the plaintiff would consider the conduct hostile, abusive or offensive.

Please note that the plaintiff does not necessarily have to be a victim of the harassment in order to file a complaint against workplace sexual harassment.

Ordinarily before a complainant can file a suit based upon sexual harassment, the complainant must first file a complaint about the conduct with an administrative agency. For a federal complaint, the complaint would first be filed with the Equal Employment Opportunity Commission (EEOC). There are also state and local agencies, to which complaints may be made under state law. Sometimes the agency will take your case, and prosecute your discrimiantion on your behalf. If the agency does not act within a specific timeframe, or declines to act on your behalf, you may file a private lawsuit.

If a person feels that he or she is the subject of sexual harassment:

1. The victim should inform the harasser that the conduct is unwelcome and must stop, either through words or through conduct which demonstrates that the harassment is unwelcome. This is necessary to ensure that the person is not operating under the mistaken belief that the conduct at issue is not unwlecome.
2. The victim should also use any employer complaint mechanism or grievance system available.
3. If these methods are ineffective, the victim should contact the EEOC or a similar state agency. The victim may benefit from consulting an attorney before contacting a government agency about the harassment.

Typically, in defending against a sexual harassment charge, an employer will attempt to establish:

* That it took reasonable measures to prevent and correct any sexual harassment behavior within the workplace; and
* That the employee unreasonably failed to take advantage of any preventive or corrective opportunities that the employer provided.

Title VII also protects employees who file sexual harassment charges, who participating in an investigation or litigation under associated with a sexual harassment complaint, or who testifying in related proceedings. State laws typically have similar provisions. It is possible for a complainant to lose a sexual harassment claim, but still win a judgment against an employer on the basis of retaliation.

this is what i get about sexual harassment law from http://www.expertlaw.com/library/employment/sexual_harassment.html

wan azieana bt wan azmadi
A130405

Irma said...

yes ana, thats true! the 1st thing that the victim can do is he victim should inform the harasser that the conduct is unwelcome and must stop, either through words or through conduct which demonstrates that the harassment is unwelcome. with that action, maybe the harasser will start thinking that what have they do is not true....

Irma Suryani Rosni
(A127444)

Ishita said...

Sexual harassment is now very common in any workplace. This topic guided step by step to any employer, how he make a good workplace. Peaceful workplace gives more output______

Ishita said...

We are now in 21st century, but a number of women are the victims of sexual harassment in the work place.
Your tips are really helpful for any organization. Different sexual harassment mass the work environment____

Unknown said...

Great post. I hope you can write more good stuff like this article.

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