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Malaysia: Equal opportunities

Original and updating author: Lim Pei Yuan, Michael Chai & Co.

See the legal services provided by the author of International > Malaysia, including any discounts/offers for subscribers.

Summary

  • There is no legislation that deals with general discrimination or equal opportunities at work. (See General)
  • The main prohibited type of discrimination is sexual harassment. There is non-legally enforceable guidance on bullying. (See Harassment and sexual harassment)
  • If an employer subjects an employee to unfair or discriminatory treatment and the employee is forced to resign, the employee may file a claim for constructive dismissal. (See Victimisation)
  • The employer must take certain positive action measures aimed at achieving equality or equal opportunities. (See Positive action)
  • Complaints on sexual harassment in the workplace may be filed with the Director General of Labour and the Director General may direct the employer to take action to inquire into the complaint. (see Remedies and penalties)