Bar Council Reminds Lawyers Winking, Wolf-Whistling & Head-Patting Are Sexual Harassment

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On 18 January, Bar Council Ad Hoc Peer Support Network Committee chairperson Harleen Kaur issued a circular delineating various forms of sexual harassment within the legal profession.

According to FMT, Selangor Bar representative Kokila Vaani Vadiveloo mentioned that there have been several complaints of sexual harassment in the legal profession recently.

According to the circular, if an individual offers work-related benefits, such as promotions, connections, or job security, in exchange for favours like a date or a hug, it is deemed sexual harassment.

The circular further emphasised that even if such offers are made in a joking manner, they are still considered to be instances of sexual harassment.

Inappropriate forms of conduct include: visual conduct (suggestive gestures like winking or using hand signs), verbal conduct (inappropriate comments on appearance, not necessarily derogatory), and physical conduct (blocking someone's path, patting someone's head, or sitting at someone's desk for no reason).

The threat of retaliation in the workplace like intimidating an individual for rejecting unwanted advances constitutes sexual coercion.

This may involve explicit or implicit threats of negative consequences, such as job loss, demotion, or damage to one's professional reputation if one refuses the inappropriate requests.

According to FMT, Selangor representative in the Bar Council, Kokila Vaani Vadiveloo, mentioned that there have been several complaints of sexual harassment in the legal profession recently.

However, most of the victims opted to lodge police reports and initiate civil suits to address these issues.

"My view is that even a single case in the legal profession is considered too many as lawyers are there to protect the people and not harass them," she said.

"So, it's good for the Bar Council to specify the acts that are considered as sexual harassment, and the reminder circular issued recently is timely," she added.

The Bar Council established its Peer Support Network two years ago for survivors of sexual harassment within the legal fraternity.

The council endorsed a rule amendment under Section 94(3) of the Legal Profession Act, specifying that any instance of sexual harassment by an advocate and solicitor or an individual in a professional capacity or setting amounts to misconduct. This misconduct could lead to their disbarment or striking off the council.

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