Sexual harassment and gender discrimination
Sexual harassment refers to any unwanted or unwelcomed conduct of a sexual nature either by verbal, non-verbal, visual, psychological or physical harassment. As sexual harassment violates an individual's fundamental rights, the perpetrator may be subject to criminal prosecution besides a ran...
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iium-455312017-08-10T01:11:53Z http://irep.iium.edu.my/45531/ Sexual harassment and gender discrimination Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig K Law (General) Sexual harassment refers to any unwanted or unwelcomed conduct of a sexual nature either by verbal, non-verbal, visual, psychological or physical harassment. As sexual harassment violates an individual's fundamental rights, the perpetrator may be subject to criminal prosecution besides a range of disciplinary measures, up to and including dismissal from employment. Further, such ojfensive conduct has the tendency of creating an intimidating, hostile and ojfensive work environment which can adversely affect the industrial relations climate in the organisation. Sexual harassment comes within the ambit of gender discrimination. In quid pro quo harassment, a tangible loss is involved where the superior with authority to approve job assignment, evaluation and benefits, solicits sexual favours as a prerequisite of getting such benefits. If the unfavourable treatment was due to the employee's refusal to accede to the sexual demands, it may well fall within the scope of the gender discrimination. Similarly, terminating the victim's employment contract merely because the victim could not withstand the conducts of sexual harassment at the workplace comes also within the scope of gender discrimination. Hence, the issue of sexual harassment and gender discrimination in the context of Malaysian law and practice forms the basis of this paper. LexisNexis 2015-05 Article PeerReviewed application/pdf en http://irep.iium.edu.my/45531/1/SH_AND_DISCRI.pdf Ali Mohamed, Ashgar Ali and Sardar Baig, Farheen Baig (2015) Sexual harassment and gender discrimination. Malayan Law Journal, 3. lxi-lxxxi. ISSN 0025-1283 |
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K Law (General) |
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K Law (General) Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig Sexual harassment and gender discrimination |
description |
Sexual harassment refers to any unwanted or unwelcomed conduct of a sexual
nature either by verbal, non-verbal, visual, psychological or physical harassment. As
sexual harassment violates an individual's fundamental rights, the perpetrator may
be subject to criminal prosecution besides a range of disciplinary measures, up to and
including dismissal from employment. Further, such ojfensive conduct has the
tendency of creating an intimidating, hostile and ojfensive work environment
which can adversely affect the industrial relations climate in the organisation.
Sexual harassment comes within the ambit of gender discrimination. In quid pro
quo harassment, a tangible loss is involved where the superior with authority to
approve job assignment, evaluation and benefits, solicits sexual favours as a
prerequisite of getting such benefits. If the unfavourable treatment was due to the
employee's refusal to accede to the sexual demands, it may well fall within the scope
of the gender discrimination. Similarly, terminating the victim's employment
contract merely because the victim could not withstand the conducts of sexual
harassment at the workplace comes also within the scope of gender discrimination.
Hence, the issue of sexual harassment and gender discrimination in the context of
Malaysian law and practice forms the basis of this paper. |
format |
Article |
author |
Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig |
author_facet |
Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig |
author_sort |
Ali Mohamed, Ashgar Ali |
title |
Sexual harassment and gender discrimination |
title_short |
Sexual harassment and gender discrimination |
title_full |
Sexual harassment and gender discrimination |
title_fullStr |
Sexual harassment and gender discrimination |
title_full_unstemmed |
Sexual harassment and gender discrimination |
title_sort |
sexual harassment and gender discrimination |
publisher |
LexisNexis |
publishDate |
2015 |
url |
http://irep.iium.edu.my/45531/ http://irep.iium.edu.my/45531/1/SH_AND_DISCRI.pdf |
first_indexed |
2023-09-18T21:04:47Z |
last_indexed |
2023-09-18T21:04:47Z |
_version_ |
1777410860490162176 |