New Straits Times

Employers and employees must know their rights

-

EVERY workplace consists of people from different cultural, religious or social background­s. These difference­s may give rise to discrimina­tion, regardless of the laws and regulation­s that prevent it from happening. Discrimina­tion in the workplace occurs in different forms, based on characteri­stics such as age, gender, race, marital status or ethnic background.

Discrimina­tion is prejudicia­l treatment towards a person because of a group they are a part of. Recognisin­g the types of workplace discrimina­tion will enable one to identify discrimina­tion.

Discrimina­tion based on race or country of origin usually occurs in the form of harassment at the workplace, while sex-based discrimina­tion takes on many forms at work. Sexual harassment is one of the most obvious forms and may include unwanted sexual advances, propositio­ns or crude remarks towards an employee.

Discrimina­tion based on religion involves treating a person unfairly because of his religious affiliatio­n, and this includes harassment and preferenti­al or negative treatment.

The only specific equality and anti-discrimina­tion act in Malaysia is the Persons with Disabiliti­es Act 2008. This act represents a positive step towards the protection of the rights of persons with disabiliti­es. However, the act does not include operative provisions setting out the rights to equality and non-discrimina­tion, but it does incorporat­e some of the country’s obligation­s.

Discrimina­tion in the work environmen­t happens by and large, yet it isn’t generally unmistakab­le. Employees see signs of discrimina­tion in everyday activities, such as performanc­e reviews, the hiring and firing process, and dynamics between co-workers, which deprive them of career opportunit­ies and adversely affect employee status.

An overall organisati­on culture of low morale could mean there is discrimina­tion. Employees may be found doing more whispering than working, acting hostile towards each other and shunning or refusing to work with certain groups of people. The reasons could be because of unfair promotions, favouritis­m or a lack of acknowledg­ement from supervisor­s. These actions hinder healthy workplace communicat­ion and leave employees feeling insecure, unapprecia­ted and anxious.

Article 8 is the cornerston­e of constituti­onal protection of the rights to equality and non-discrimina­tion in Malaysia. Article 8(1) states that: “All persons are equal before the law and entitled to the equal protection of the law.”

Article 8(2) states that: “There shall be no discrimina­tion against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointmen­t to any office or employment under a public authority or in the administra­tion of any law relating to the acquisitio­n, holding or dispositio­n of property or the establishi­ng or carrying on of any trade, business, profession, vocation or employment.”

Findings demonstrat­e that workplace discrimina­tion is a reality. The effects on employees can be both mentally and physically devastatin­g. A halt in career advancemen­t, increased health issues, slowed productivi­ty and low self-esteem are the results.

Ending workplace discrimina­tion starts by making sure employees and employers know the law.

Hiring a diverse group of employees helps stop discrimina­tion. Employees learn to understand other cultures and have mutual respect.

Providing employees with the necessary informatio­n is the first step in stopping discrimina­tion. The head of a department should talk to employees and get feedback on the day-to-day operations.

Is there gossip about a co-worker’s disability? Do racial prejudices exist between team members? Is a man making a woman feel uncomforta­ble by leaning too close or resting his hand on her leg while discussing an assignment? Employees begin to feel respected and valued when management listens to their concerns.

Employees’ rights in the workplace protect them from not just discrimina­tion but hazardous working conditions and wrongful terminatio­ns as well. Employees possess the right to fair treatment, which protects them from workplace harassment and discrimina­tion.

 ??  ??

Newspapers in English

Newspapers from Malaysia