Tough Call For Victims

By Natalie Shobana Ambrose
theSun, Malaysia
July 14, 2010

□ “I like the smell of your perfume” says the boss to his female employee.

□ “Can I get a hug?” says the boss to his female staff.

□ “If you want something badly you’ll make sure you’re free to have drinks after work” says the boss to  his female staff.

□ “Women should never be above the man, she should know her place” says the boss in charge of his female employee’s promotion.

□ “It’s not an indecent email, I send it to other women too and no one complaints” says the boss to his female staff.

□ “Looking very sexy today” says the boss to the kebaya clad staff.


Which of the above would you consider sexual harassment?

Would you tick all the boxes or are these lines too naive and laughable that it should not even be mentioned under the harassment heading.

Would gender have anything to do with your response?

Or perhaps the situation, tone of voice and industry in which these lines were uttered might change the acceptability level.

Definitions can sometimes be a slippery slide. I mean this year alone we’ve seen how different interpretations of words, teachings, statements, speeches, parliament debates can be taken the wrong way depending on who says what, when, where and from which side of the fence they represent.

Definitions are subjective and open to interpretation, even wrong interpretation.

So let’s talk about this sexual harassment bill that the Human Resource Ministry has just presented to Parliament. First, I’d like to say it’s about high time something be done in attempting to protect the rights of workers regarding this issue. It’s just sad that it has taken this long and it’s going to take even longer before anything is effictive.

Can you imagine having to prove that you were being sexually harassed?

There isn’t a test you can take that would give you a yay or nay answer. Imagine having to find a witness let alone one willing to go against someone in a supervisory role and be interrogated and questioned repeatedly. It’s quite a lot of trouble especially when people would prefer to stay under the radar and hold a job that helps feed the kids, pay the car loan and the occasional vacation.

It’s a painful procedure. Not only does the victim have to endure being harassed, but then the burden of proof can be even more exasperating – powerless during the harassment and powerless in proving the deed.

One option suggested is to collect evidence – so that means, allowing one’s self to be harassed again or repeatedly but making sure you’re not encouraging the behaviour or ‘asking for it’. Remember the victim’s credibility and height of skirt is also on the stand.

All this for a RM10,000 fine- even then only if it’s a maximum sentence given after much deliberation and character bashing.

By which time, everyone would know the latest office gossip, give you funny looks and you’ll be termed trouble maker. People will try to avoid you like the plague- guilty by association or want to be your friend just to get the juicy gossip.

The bosses won’t be happy, it’s bad press. You won’t be the poster girl for standing up, you’ll be shunned as someone who’s making a mountain out of a mole hill and who makes a fuss about something so ordinary, attention-seeking and troublesome.

It won’t be easy to stay in the job, let alone stopping yourself from questioning every outfit or perfume you put on to make sure you’re not the problem.

Finally, every time you look at your CV or are asked at a job interview why you left your previous job, you’ll have to think twice, three times, check yourself and say convincingly ‘I got a better offer’ or ‘I needed a break’.

All not very convincing responses to a new employer though the negative connotation associated with being a victim of sexual harassment won’t get you the job, period.

Would you then bother to stand up, if you were sexually harassed or would it be easier to just move on quietly?
It’s a tough call.

Natalie knows that sexual harassment doesn’t only happen to women but wonders what sexual harassment laws apply to the cigarette and alcohol sales ladies who parade around in teeny tiny skin hugging outfits.
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