Employment discrimination in Malaysia: a legal analysis /
Employment discrimination occurs when there is a differential and less favourable treatment of certain individuals because of characteristics such as sex or race regardless of the ability to perform the job. Discrimination in employment is a worldwide issue. In the West, the problem has been counter...
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| Main Author: | |
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| Format: | Thesis |
| Language: | English |
| Published: |
Gombak, Selangor :
Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia,
2008
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/10039 |
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| Summary: | Employment discrimination occurs when there is a differential and less favourable treatment of certain individuals because of characteristics such as sex or race regardless of the ability to perform the job. Discrimination in employment is a worldwide issue. In the West, the problem has been countered with the implementation of various anti-discrimination legislations such as the Sex Discrimination Act and Race Relations Act. While the issue is not considered as uncommon in Malaysia, the absence of clear provisions and insufficient laws to govern the subject matter has caused ambiguity with regards to the right of the private sector employees pertaining to discrimination in employment. The problem is compounded by the decisions of the superior courts of Malaysia which ruled that there is a dichotomy between public and private matters in discrimination issues although the Federal Constitution recognises that non-discrimination is part and parcel of the principle of equality. Contending that there is a loophole to the law on employment discrimination as far as the private sector employees are concerned, the researcher studies the existing provisions of law, viewed from its substantive adequacy and judicial reviews on the subject matter. Hence, the objectives of this study are: to examine the existing legal provisions pertaining to the laws on employment discrimination, particularly the legislations that govern the private sector employees in Malaysia; to determine the constitutional perspective of employment discrimination in Malaysia and whether it protects the private sector employees; to study the practices of the private sector employers towards their employees with regards to equality of treatment and equality of opportunity at the workplace; to examine employment discrimination from the Islamic perspective; and to offer suggestions towards the improvement of the legislation and the protection of the private sector employees from discrimination in employment. The methodology of the study applies both qualitative and quantitative methods. The qualitative method applies the traditional legal approach where comparative, analytical and critical analyses are used. The quantitative method uses the survey technique where a number of the administered questionnaires had been distributed to the sample respondents. The data obtained were analysed using the descriptive and inferential statistics. Consequently, the findings reveal that implicit labour law provisions demand an intervention of a new anti-discrimination legislation in the field of employment. Called as "Employment Equality Act", this proposed statutory legislation is anticipated to properly address the issues of discrimination in the field of employment. |
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| Item Description: | Abstract in English and Arabic. "A thesis submitted in fulfilment of the requirement for the degree of doctor of Philosophy in Law."--On t.p. |
| Physical Description: | xxvi, 382 leaves : illustrations ; 30 cm. |
| Bibliography: | Includes bibliographical references (leaves 362-375). |