Sexual harassment can be prove when only the victim take action by make a complaint or report to the human resourse department.This is important to any victim so that they dont have to feel worried or scared at there own workplace and justice can be taken.In Malaysia there is a main sources of law relating to sexual harassment such as Code of practice for the prevention and eradication of sexual harassment in the workplace laounched by the Human Resources Ministry in 1999 to protect victims against sexual harassment.It was proposed by the women's centre for change, Penang as parts of the joint Action Group for Gender Equality (JAG).But is only can be done if victim have good evidence to prove it or witness that can help victim to get justice.It is also important that if a complaint is investigated and upheld ,any subsequent disciplinary action complies,as minimum.Failure to do so could lead to a finding of automatically unfair dismissal.But when the victim make a complaint the employer must investigate complaints first before take any action.If the employers fail to do deal with the complaint may amount to a breach of trust and comfidence and therefore neglect of employer's duty of care of employees.
The employees also can go to 'prescribed persons' such as health and safety representatives or the health and safety Executive.The therefore affords some protection against dismissal or detriment provided the employee has made a protected disclosure.That is why it is important for employees to make a report or complaint so that sexual harassment can be prove they will feel safe at their own workplace also.
Acknowledgement:
Bullying and Sexual Harassment,Tina Stephens and Jane Hallas,2006
By Jaclyn Nonggeng
Monday, October 26, 2009
Saturday, October 24, 2009
Same Sex Harassment. What is your opinion regarding sexual harassment of men and same sex?
by Siti Mariam binti Ali, G72955
Psychology Student, UKM Bangi
Psychology Student, UKM Bangi
Sexual harassment reinforces gender hierarchies. The United State Supreme Court ruled that men are capable of sexually harassing other men, and women are capable of sexually harassing other women. A heterosexual man/woman can sexually harass another heterosexual man/woman. A homosexual man/woman can sexually harass a heterosexual man/woman.
Therefore the sexual orientation of either party should not be an issue when the employer investigates a complaint of sexual harassment. In fact, the parties do not even need to be sexually interested in each other for sexual harassment to occur. The key ingredients that constitute sexual harassment is some form of sexual content and some form of discrimination occurring in the workplace.
Harassment means discrimination! Employees need to understand that sexual harassment is really sexual discrimination under the law. Therefore in order for sexual harassment to take place you must have sexual content and discrimination taking place against you.
Sexual discrimination occurs when sexual content leads to an unfair treatment of the employee due to their sex. For example, a male employee is passed over for promotion because his male supervisor hopes to start dating the less qualified female employee. In this example, the male coworker is treated unfairly due to his sex and the situation involves sexual content.
Acknowledgement :
Employers Reasonable Care Pack: Sexual Harassment Prevention in the Workplace, 2001
Therefore the sexual orientation of either party should not be an issue when the employer investigates a complaint of sexual harassment. In fact, the parties do not even need to be sexually interested in each other for sexual harassment to occur. The key ingredients that constitute sexual harassment is some form of sexual content and some form of discrimination occurring in the workplace.
Harassment means discrimination! Employees need to understand that sexual harassment is really sexual discrimination under the law. Therefore in order for sexual harassment to take place you must have sexual content and discrimination taking place against you.
Sexual discrimination occurs when sexual content leads to an unfair treatment of the employee due to their sex. For example, a male employee is passed over for promotion because his male supervisor hopes to start dating the less qualified female employee. In this example, the male coworker is treated unfairly due to his sex and the situation involves sexual content.
Acknowledgement :
Employers Reasonable Care Pack: Sexual Harassment Prevention in the Workplace, 2001
"The Heterosexual Defence: Male-Male Sexual Harassment" Buchanan, Kim. Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008
Friday, October 23, 2009
Legal Definitions of Sexual Harassment. What is your opinion regarding sexual harassment of men and same sex?
by : Siti Mariam binti Ali, G 72955
Psychology Student, UKM Bangi
Sexual harassment is a legal term. However, not all sexual behavior in the workplace is harassment. The harasser's conduct must be unwelcome. Most states also have laws against sexual harassment that may differ slightly from the federal definition.
The basic definition of sexual harassment by the United Stated Equal Employment Opportunity Commission (EEOC) is unwelcome sexual advances, requests for sexual favors, and other verbal, non verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including the victim as well as the harasser may be a woman or a man. That mean sexual harassment can happen to a women, man and it also between same gender. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee and the victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
There are two legally recognized types of sexual harassment : quid pro quo sexual harassment and hostile environment sexual harassment.
Quid pro quo sexual harassment occurs when it used as the basis for employment decisions affecting the individual and there should be a threat of economic loss. Hostile environment sexual harassment is unwelcome sexual conduct unreasonably interferes with an individual's job performance or creates a hostile, intimidating or offensive work environment even though may not result in tangible or economic job consequences. There are two conditions that determine liability for employers in cases of hostile environment sexual harassment, first, the employer knew or should have known about the harassment, and second, the employer failed to take appropriate corrective action.
Acknowledgement : www.hr-guide.com
The basic definition of sexual harassment by the United Stated Equal Employment Opportunity Commission (EEOC) is unwelcome sexual advances, requests for sexual favors, and other verbal, non verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including the victim as well as the harasser may be a woman or a man. That mean sexual harassment can happen to a women, man and it also between same gender. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee and the victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
There are two legally recognized types of sexual harassment : quid pro quo sexual harassment and hostile environment sexual harassment.
Quid pro quo sexual harassment occurs when it used as the basis for employment decisions affecting the individual and there should be a threat of economic loss. Hostile environment sexual harassment is unwelcome sexual conduct unreasonably interferes with an individual's job performance or creates a hostile, intimidating or offensive work environment even though may not result in tangible or economic job consequences. There are two conditions that determine liability for employers in cases of hostile environment sexual harassment, first, the employer knew or should have known about the harassment, and second, the employer failed to take appropriate corrective action.
Acknowledgement : www.hr-guide.com
Definition Of Sexual Harrasment Of Men. What is your opinion regarding sexual harassment of men and same sex?
by : Siti Mariam binti Ali, G72955
Psychology Student, UKM Bangi
Psychology Student, UKM Bangi
We often talk about sexual harassment against women in the workplace but for this column I’m going to address the growing problem of sexual harassment against men in the workplace. “Many people mistakenly believe that harassment is limited to females”, says Roberta Chinsky Matuson, a human resource expert.The truth is that this type of experience is just as damaging to men. For quite a few men, sexual harassment is indeed becoming a serious issue, and some men are deciding not to just brush aside the unwelcome advances from women and men.
Sexual harassment filings by men have consistently increased, doubling over 15 years,” says David Grinberg, a spokesman for the U.S. Equal Employment Opportunity Commission, or EEOC. Even though women filing charges makes up the bulk of the EEOC’s sexual harassment workload, men are becoming a bigger piece of the pie, with nearly 2000 filing charges in 2006. And that’s cases that get to the EEOC.
Many labor experts say men are less likely than women to speak up about such cases of harassment for fear of being mocked by coworkers, and even fewer would take the charges to a government agency and risk widespread knowledge of their plight.
For example, Thomas, who works in academia but didn’t want his full name used, found himself in an office made up of mainly women who would routinely share and copy each other emailed jokes and emails about men. A few of them made fun of men’s unique anatomy. The behavior, made him feel isolated. When he finally addressed the matter with the women in the office, “the women were stunned, generally with a ‘You’ve got to be kidding,’ kind of attitude. And they kept doing it.” There are a host of reasons the number of men complaining about harassment may be up
Acknowledgement : Eve Tahmincioglu, msnbc.com contributor, July 10, 2007
Friday, October 9, 2009
What is the effects of sexual harassment towards it's victim?
The effects of sexual harassment may vary from one person to another, depending the situation that they've been into. In some cases, victims of sexual harassment can suffer the same psychological effects as rape victims. Depending on the situation that a sexual harassment victim have been through, they can experience anything, from a little to extreme psychological and health damage, while the impact on a victim's career and life may be minimal, or far less, it'll leave them in ruins. Some of the psychological effects a sexual harassment victim can experience is :
· Decreased of their work performance as the victim must focus on dealing with the harassment and the surrounding,
· Retaliation from the harasser, or colleagues
· Being objectified and humiliated by others and surroundings
· Becoming publicly sexualized
· Defamation of character and reputation
· Loss of trust in other people
· Extreme stress upon relationships with significant others
· Having to relocate to another city, another job
. Weakening of support network
It also can lead to a health problem that's obviously shown such as :
· Depression
· Anxiety and/or panic attacks
· Traumatic stress
· Sleeplessness and/or nightmares
· Shame and guilt; self-blame
· Difficulty concentrating
· Headaches
. Fatigue or loss of motivation
Because of it's huge and leave such hurtfull, humiliating and traumatic effects, employers are encouraged to take steps necessary to prevent sexual harassment from occurring. Employers have a responsibility to create a working environment that is hospitable to all employees; an environment in which sexual harassment is not tolerated.
by,
diyana
· Decreased of their work performance as the victim must focus on dealing with the harassment and the surrounding,
· Retaliation from the harasser, or colleagues
· Being objectified and humiliated by others and surroundings
· Becoming publicly sexualized
· Defamation of character and reputation
· Loss of trust in other people
· Extreme stress upon relationships with significant others
· Having to relocate to another city, another job
. Weakening of support network
It also can lead to a health problem that's obviously shown such as :
· Depression
· Anxiety and/or panic attacks
· Traumatic stress
· Sleeplessness and/or nightmares
· Shame and guilt; self-blame
· Difficulty concentrating
· Headaches
. Fatigue or loss of motivation
Because of it's huge and leave such hurtfull, humiliating and traumatic effects, employers are encouraged to take steps necessary to prevent sexual harassment from occurring. Employers have a responsibility to create a working environment that is hospitable to all employees; an environment in which sexual harassment is not tolerated.
by,
diyana
Wednesday, October 7, 2009
Why Sexual Harassment Happen In The Work Place?
by Huzaimah
As i browsed through the internet, i've read one of the reasearch (Jennifer L Hurt from Purdue University) about why sexual harassment happen in the workplace, according to her research, there are some causes that may convey to the sexual harassment such as;
i) Men's perceptions of organizational climate for harassment, men's perceptions of the sexual behavior of other men in a work group.
ii) harassment proclivities of men in the work group were predicted to impact the experience of sexual behaviors by women in the work group.
iii) It was hypothesized that harassment proclivities would interact with climate perceptions and perceptions of other's behavior to impact women's experiences. In addition, several factors (called labeling factors) were hypothesized to impact a woman's decision of whether or not she had been sexually harassed, including the status of the perpetrator, the negativity of the experiences, her tolerance for harassment, and the organizational climate for harassment.
Jennifer also wrote in her research that there are no evidence was found for the predicted interactions of harassment proclivities with men's climate perceptions or with perceptions of other men's behaviors on women's experiences with sexual behaviors.
While some evidence indicated harassment decisions were impacted by the labeling factors, these hypotheses were also not supported. The results are discussed both in terms of the implications for understanding sexual harassment, and in terms of measurement of the relevant constructs.
From my opinion, we could not stop the climate, proclivity and also the desire in any person as we were born with it. But, if you are using your wise brain, this kind of thing shouldn't be happen anytime anywhere.
Tuesday, October 6, 2009
How to prove sexual harassment happend in the workplace
by Jaclyn
When sexual harassment happend in the workplace women normally see this problem as more serious problem than men.In Malaysia sexual harassment is seen in accordance with the two main legal criteria(Kementerian Sumber Manusia 1997).According to the Ministry of Human Resources under the Code of practice as the Prevention and Eradication of Sexual harassment can be devided into two categories which is sexual coercian and sexual annoyance.with all the prove by the legal of Ministry Of Human Resources and complaints made by the victims and witnes sexual harassment can be prove when its happened and action can be taken to the harasser.
When sexual harassment happend in the workplace women normally see this problem as more serious problem than men.In Malaysia sexual harassment is seen in accordance with the two main legal criteria(Kementerian Sumber Manusia 1997).According to the Ministry of Human Resources under the Code of practice as the Prevention and Eradication of Sexual harassment can be devided into two categories which is sexual coercian and sexual annoyance.with all the prove by the legal of Ministry Of Human Resources and complaints made by the victims and witnes sexual harassment can be prove when its happened and action can be taken to the harasser.
Saturday, October 3, 2009
What Is Employers Responsibility?
by Huzaimah Mohd Hossen
It is important for all employers, managers and supervisors to be aware of the law and the penalties for failing to protect employees from bullying or harassment. Tina Stephens (2006) mentioned the main sources of law relating to bullying and sexual harassment in her Bullying and Sexual Harassment book;
- Sex Discrimination Act 1975, as amended;
- Protection from Harassment Act 1997;
- Employment Rights Act 1996, as amended;
- Public Interest Disclosure Act 1998;
- EC Council Directive 26/207 (Equal Treatment);
- EC Recommendation and Code of Practice on Proecting the Dignity of Women and Men at Work 1991;
- etc..
If the employer denies the employee a prompt and reasonable opportunity for them to raise and grievance about bullying or harassment this could amount to a breach of the implied term of mutual trust and confidence.
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