Sexually harassed at work? Here’s how the laws in S’pore protect you

While there is no specific law in Singapore that defines sexual harassment, one is protected from it under the Protection from Harassment Act (POHA). “This includes using threatening, abusive, insulting words, behaviour or other forms of communication to cause feelings of harassment, alarm or distress,” says Cheryl Ng, director with ZICO Insights Law.

She adds that while POHA covers non-sexual harassment, the acts that the Penal Code legislates against are specifically sexual in nature. Under the Penal Code, harassment includes unwanted touching, which legislates against unwanted touching of a person; and insulting the modesty of a woman, which legislates against filming upskirt videos, and saying or making a gesture or exhibiting something that insults the modesty of a woman.

The UN Convention on the Elimination of All Forms of Discrimination against Women, which Singapore signed in 1995, defines it as “such unwelcome sexually determined behaviour as physical contact and advances, sexually coloured remarks, showing pornography and sexual demand, whether by words or actions”.

This means that sexual harassment can be verbal, visual or physical. Verbal harassment includes making lewd remarks, asking inappropriate questions, or repeatedly asking a co-worker to go out on a date; visual harassment includes flashing or sending explicit images and videos in messages or e-mails; and physical workplace sexual harassment includes molest, assault or rape.

Does the law take non-physical sexual harassment less seriously? In general, yes, but it doesn’t mean harassment of that nature should go unreported. “Non-physical sexual harassment is likely to be construed as less offensive than physical sexual harassment, but it ultimately depends on the factual matrix of each case. For example, a remark passed in person can be less distressing than a widespread online campaign to distribute a sexual photo of the victim,” says Cheryl.

As it is, non-physical sexual harassment isn’t necessarily less damaging. “It’s a common misconception that non-physical forms of sexual violence are less serious,” says Shailey Hingorani, Head of Research and Advocacy at Aware. “The psychological impact of non-physical harassment, like that of physical harassment, can be short-term or long-term, and can include depression, anxiety, anger, flashbacks, nightmares, numbness and denial.” She adds that even in cases of technology- facilitated sexual violence, the survivor may experience long-lasting anxiety and lack of control, which can impact her career, relationships and other aspects of her life.

Our survey found more than a quarter of those who experienced sexual harassment at work, whether as victims or witnesses, chose not to do anything about it. And the most common actions taken after experiencing sexual harassment were to talk to someone outside of work and to tell a colleague.

“It can be extremely difficult for victim-survivors to speak out about workplace sexual harassment. The unfortunate reality is that many victims who speak out face retaliation and reputational damage, which can have negative consequences on their careers,” explains Shailey. She adds that the fear of not being believed, possibly due to lack of evidence, and of being negatively stereotyped as “over-sensitive” or “unable to take a joke” were some of the most common reasons for not reporting the incidents.

If you’ve been sexually harassed, it is recommended that you report the matter to HR. And if you wish to take the matter beyond HR, you can go to the police. Cheryl says that even if you do not have evidence, you should still report it to the police to make a criminal complaint. Plus, the police may be able to access devices such as CCTV or Internet communications.

If the police take no action, you can file a Magistrate’s Complaint to take up a private prosecution against the perpetrator. However, she warns that if you wish to make a civil complaint, you should be careful before commencing action without any evidence, because if you lose the application, you may be liable to pay the respondent’s costs, from a few hundred to a few thousand dollars, depending on the parties and the case’s complexity.

Here’s the thing: POHA has limited applicability for workplace harassment cases, as it does not provide an employee protection from retaliation in the workplace. It also does not impose any legal responsibilities on employers to prevent harassment or take action against workers who may have committed an offence. Aware recommends that companies implement workplace sexual harassment training for all employees to create awareness on behaviours that constitute workplace sexual harassment. This training could include information on any existing internal anti-harassment policies, and to whom employees can report harassment.

“They should also work to increase the procedural satisfaction of those reporting workplace sexual harassment, and guarantee protection from retaliation to both survivors and witnesses of workplace sexual harassment,” says Shailey.

Looking for alternative sources of support? Survivors can contact the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) Workplace Harassment Resource and Recourse Centre for support. TAFEP may contact the employer to ask that they investigate the matter, or require the employer to put in place policies and procedures to prevent future incidents of workplace harassment.

Also, anyone facing harassment at work can also contact the Workplace Harassment and Discrimination Advisory (WHDA). WHDA guides clients through various options, internal or external, including approaching a company’s HR or the TAFEP, or filing a mediation request with Tripartite Alliance for Dispute Management (TADM).

This story first appeared in the February 2022 issue of Her World. 

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