Abstract
Sexual harassment at the workplace is a common phenomenon until it becomes the social stigma that plagues most individuals' lives. It can be seen that many heinous sexual harassment cases undermine one’s life, leaving a long legacy of suffering and can befall any person from various backgrounds regardless of status, gender, race, religion, and others. However, there are doubts as to the true position currently and all the fundamentals constituting sexual harassment since its inception decades ago. Hence, the focal crux of this article lies in answering the few most critical questions with topical highlights placed on the prevalence of sexual harassment, its definition, generic types, causations, and grave consequences, by gathering various credible data and critical analysis of their rudimentary elements. The author further narrows down and classifies them under different categories to better understand its complicated nexus and give a comprehensive overview of its standing in society in a systemized, fathomable manner. Within the course of the research, the author gathers and identifies the elements in some sexual harassment cases the court considers in delivering the final judgment by benchmarking the landmark case of Mohd Ridzwan Bin Abdul Razak v. Asmah Bt Hj Mohd Nor. The author reconceptualizes, compares, and analyses the jurisprudence and legal position of sexual harassment cases in Malaysia before and after the case of Mohd Ridwan to determine the changes and progress so far. Eventually, the authors conclude by suggesting some approaches to victims of sexual harassment, court, and society in taking practical modus operandi in tackling sexual harassment in Malaysia.
Lee Zi Ke, Universiti Utara Malaysia
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