Bullying, sexual harassment: Most M’sian lawyers surveyed distrust firms to protect them

A survey has revealed little trust in Malaysian law firms in being able to sufficiently protect their staff against workplace bullying and sexual harassment.

This was despite claims that problems appeared to be prevalent in the legal fraternity.

In a global study by the International Bar Association (IBA), just 13 percent of local lawyers rated their workplaces’ approach as “good or excellent” when it came to dealing with bullying and sexual harassment.

This was about a third of the global average of 31 percent.

Furthermore, only 17 percent of Malaysian respondents said their workplaces had policies while a mere seven percent said they received training or information sessions to address such problems.

Again, this was far lower than global averages where 53 percent said their workplaces had policies and 22 percent said they had been given the training to address bullying and sexual harassment.

The “Us Too? Bullying and Sexual Harassment in the Legal Profession” survey recorded 87 responses from Malaysia. A majority of them were women (81 percent).

‘I pay you, so I own you’

Bullying appeared to be a significant issue among the Malaysian lawyers surveyed, especially women.

Fifty-seven percent of female respondents and half of male respondents said they had been bullied at work.

The list of bullying cases which respondents could tick included “ridicule or demeaning language”, “overbearing supervision, undermining output or constant unproductive criticism” and “misuse of power or position”.

Meanwhile, almost a quarter (24 percent) of female respondents said they had experienced sexual harassment at the workplace. Six percent of male respondents said they had been sexually harassed at work.

In the survey, respondents could choose from sexual harassment incidences like “sexist comments including inappropriate humour or jokes about sex or gender”, “sexual or sexually suggestive comments, remarks or sounds”, “being looked at in an inappropriate manner which made you feel uncomfortable” and “inappropriate physical contact - for example patting, pinching, brushing up against the body and any inappropriate touching or feeling”.

During his recent trip to Kuala Lumpur, survey lead Kieran Pender shared with Malaysiakini several comments from Malaysian female respondents on sexual harassment at law firms where they worked.

“My colleagues were threatened with words synonymous to ‘I pay you, so I own you,” said one woman.

“When a person senior in the industry touched your lower back and shoulders more than five times a day, it is inappropriate. When a person senior in the industry touched your upper thigh while sharing a ride, it is inappropriate. When a person senior in the industry does this, it is, sadly, not believed,” said another.

“Threats were mostly made when we refused to attend parties to entertain the clients after working hours or late at night,” was the comment of one female Malaysian lawyer.

Top perpetrators - seniors, managers

The survey was conducted online between June to October 2018. Globally, it registered responses from 6,980 people in the legal profession in 135 countries.

Half of the total female respondents and a third of all male respondents said they had been bullied at work. Line managers or supervisors were the most frequent perpetrators.

A third of the women said they had been sexually harassed in a work context while one in 14 men said they had experienced the same. Seniors, line managers and supervisors were the most frequent perpetrators.

More than three quarters (75.4 percent) of sexual harassment victims said they never reported cases while just over half (57.3 percent) of bullying victims never reported what happened to them.

In both categories, the top two reasons for not reporting were the same - the profile or status of the perpetrator (eg. senior member of the workplace) and fear of repercussions for self.

Act or lose staff, credibility

Pender pointed to how the survey results showed that prevalent bullying and sexual harassment has led to lawyers leaving or contemplate leaving the workplace, sometimes even the profession altogether.

This was especially in the case of women and younger respondents, effectively impeding their career progression.

If allowed to continue, Pender (photo) cautioned of a crisis of confidence in the legal profession. This could prove especially devastating as more and more industries look to lawyers to help them come to terms with workplace sexual harassment.

“We need to get our own house in order. If not, we risk hypocrisy.

“It’s the legal profession that other sectors have turned to in the #MeToo era to address these things, and this report indicates that we have our own problems,” the IBA legal policy and research unit senior legal advisor told Malaysiakini.

Pointing to sexual harassment scandals implicating Hollywood film producer Harvey Weinstein and prestigious New Zealand law firm Russell McVeagh, he hoped Malaysian law firms would take heed and act swiftly.

“If the public has lost confidence in our profession and our integrity, that’s a huge problem for all of us.

“In Malaysia and other jurisdictions, you don’t need the scandal because... it is better to act preemptively and take advantage of this momentum and not wait to be on the front page of a news outlet,” Pender said.

In June this year, Malaysian police arrested a lawyer following a report alleging that he groped and later threatened a female lawyer against reprimanding him during a legal fraternity social event.

To circumvent barriers on reporting sexual harassment, female lawyers had banded together to warn new entrants of a list of predatory male lawyers.

A 2014 survey by the Association of Women Lawyers found that one in three lawyers in Kuala Lumpur and Selangor, both female and male, had experienced sexual or gender-based harassment.

In response to the survey results, the IBA called upon law firms to hold more frequent and honest discussions about bullying and workplace sexual harassment to raise awareness, especially among younger members of the profession who were often the victims.

It also urged firms to articulate clear standards of workplace conduct and outline procedures in the event of complaints. Regular training to address these problems should be held.

It further called on regulators like bar associations to enforce these standards and policies.

One of IBA’s 10 recommendations was to implement more flexible reporting models that empower targets of bullying and sexual harassment to bring their complaints to light. - Mkini