Workplace Discrimination and Harassment
Every employee is entitled to a working environment free from discrimination and harassment. NNTA and Co advises and represents employees who have experienced workplace discrimination or harassment, and advises employers on their obligations and on establishing appropriate policies and procedures.
Scope of Assistance - Employees
- Sexual harassment complaints and claims
- Gender, race, and religious discrimination matters
- Age discrimination matters
- Disability discrimination
- Hostile workplace environment claims
- Victimisation and retaliation cases
- Equal opportunity violations
- Filing complaints with relevant authorities including the Department of Labour and the Department of Industrial Relations
- Pursuing available legal remedies and compensation
Scope of Assistance - Employers
- Anti-harassment and anti-discrimination policy development
- Workplace investigation procedures and protocols
- Advising on compliance obligations
- Defence against discrimination and harassment claims
- Risk management and preventive measures
Sexual Harassment under Malaysian Law
The Employment Act 1955 imposes obligations on employers in relation to sexual harassment complaints. An employer who fails to conduct an inquiry into a complaint of sexual harassment may be liable under the Act. Sexual harassment is defined broadly and includes verbal, non-verbal, visual, psychological, and physical conduct of a sexual nature that is unwanted by the recipient.
Discrimination in the Workplace
Malaysia does not yet have a dedicated standalone anti-discrimination statute of general application. However, discrimination that amounts to unfair treatment or constructive dismissal may be pursued through the Industrial Court. Additionally, complaints may be directed to relevant regulatory bodies depending on the nature and context of the complaint.
Employers who maintain clear anti-harassment and anti-discrimination policies, and who act promptly and properly when complaints are raised, are better placed to defend claims and to maintain a productive working environment. Employees who have experienced harassment or discrimination should document incidents carefully and seek legal advice on the options available to them.
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