Malaysia
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The Constitution provides that all inhabitants of Malaysia are equal before the law and entitled to equal protection of the law. The Constitution prohibits discrimination on the basis of enumerated protected characteristics.
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Employment Act 1955, and
- The Anti-Sexual Harassment Act 2022.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Malaysia.
- Religion
- Race
- Descent
- Place of birth
- Gender
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment is any unwanted conduct of a sexual nature, in any form, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is reasonably offensive or humiliating or is a threat to their well-being.
Filing a Claim in Malaysia
A claim for sexual harassment may be filed in the Anti-Sexual Harassment Tribunal. Claims related to other workplace discrimination and harassment may be filed with the Industrial Relations Department.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Malaysia, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.