Lawyer sues legal firm, senior partner for alleged sexual harassment

 

A 27-year-old lawyer is suing a Kuala Lumpur-based law firm and its senior partner over alleged sexual harassment she endured since chambering.

The plaintiff filed the writ of summons with the Kuala Lumpur High Court on Oct 28. She named the 44-year-old lawyer and law firm as the first and second defendants.

According to a copy of the lawsuit sighted by Malaysiakini, she claimed to have suffered sexual harassment during her pupillage at the firm between Dec 3, 2018, and Sept 11, 2019.

The plaintiff alleged that she continued to face harassment from the first defendant during her employment as a paralegal with the firm after completing her pupillage on Sept 11, 2019, pending her being called to the Bar.

She also claimed to have been offered the position of legal associate with the lawyer's legal team post-pupillage.

It is not clear if she is still with the firm.

The plaintiff claimed that while at the firm, the lawyer had by his words and conduct repeatedly and/or deliberately “created an offensive, hostile, intimidating, humiliating and distressing work environment for the plaintiff”.

She claimed that despite her refusals, the defendant “repeatedly and persistently asked the plaintiff out for lunch and coffee to the exclusion of her colleagues and/or teammates”.

Apart from this, she accused the defendant of “repeatedly hovering over the plaintiff at her workstation and lurked behind her while she was working at her desk”, “had a habit of unnecessarily leaning in closely to the plaintiff during discussions and poking her to get her attention” as well as “repeatedly making comments about the plaintiff’s physical appearance”.

The plaintiff claimed that the lawyer also stalked her by following her in his car from a distance when she turned down his offer to give her a lift to her car after work.

She alleged that there was a lunchtime incident where she was made uncomfortable when the first defendant engaged in an inappropriate conversation about an alleged sexual act done by the king of Thailand.

She also claimed to have attempted to resign three times due to the “distressing work environment” but did not do so because the defendant threatened to “speak ill of her to her prospective employers” if she left the firm.

She accused the law firm of being responsible for the defendant's conduct as a senior partner.

Plaintiff seeks damages 

The plaintiff is seeking general, aggravated and/or exemplary damages; five percent annual interest on any amount awarded by the court from the date of judgment to the date of full payment; costs and other reliefs deemed fit by the court.

She is also seeking five percent annual interest on any amount awarded by the court for the period from Oct 28 this year to the date of judgment.

According to court filings sighted by Malaysiakini, the defendants have entered an appearance in the legal action between Nov 3 and 17, through their respective legal teams.

On Nov 21, 2019, the Association of Women Lawyers urged law firms to work together to provide an industry-wide response against workplace bullying and sexual harassment.

Last year, the association as well as a group of young lawyers urged the Bar Council to step up the fight against sexual harassment within the legal fraternity.

On March 13, the Malaysian Bar reiterated its commitment to addressing allegations of sexual harassment within the legal profession by strengthening its internal complaints mechanisms. - Mkini