Malaysia outlines ongoing efforts and gaps in tackling workplace discrimination

A report by the Department of Statistics Malaysia sheds light on the complexities of discrimination in employment in the country, to provide better insight and clearer guidelines for a more inclusive and equal workforce.

Workplace discrimination in Malaysia remains prevalent and complex. Despite efforts to address the cause through various policies and laws, this phenomenon still persists. 

In a recent newsletter, the Department of Statistics Malaysia highlighted some of the ongoing challenges in this area and outlined the nation’s efforts to address them.

Malaysia has implemented several measures to address the issue of workplace discrimination. However, there are still various challenging discriminatory issues in employment, such as the following:

Gender discrimination

A survey titled "Women's Voices in Malaysia on Discrimination & Harassment at Work" by the Women's Aid Organisation and Wase.ai revealed that 56% of women in Malaysia have experienced at least one form of discrimination at work, including being asked about their marital status or family planning during interviews, as well as being denied promotions despite being more qualified. 

Racial discrimination

Racial discrimination remains a sensitive issue in Malaysia’s multi-ethnic society, particularly in employment. It can manifest in hiring, promotions, rewards, training, and biased workplace policies.

According to the Architects of Diversity (AOD), 51% of Indian respondents reported facing discrimination during job searches—the highest among all ethnic groups.

Another study, "Discrimination of High Degrees: Race and Graduate Hiring in Malaysia", found clear bias in the hiring of university graduates. Using over 300 mock applications with identical qualifications across Malay, Chinese, and Indian names, researchers found Chinese applicants received the most interview calls, followed by Malays, then Indians.

These findings point to systemic and implicit racial bias in recruitment, likely influenced by entrenched societal stereotypes.

Religious discrimination

Religious discrimination in Malaysia often occurs when employees are treated unfairly or barred from fulfilling religious obligations. A study found that male Muslim employees face higher rates of discrimination, particularly under non-Muslim employers.

The AOD reported that 36% of respondents experienced religious discrimination during job searches or in the workplace — highlighting its ongoing prevalence.

One notable case cited by DOSM involved several international hotels banning Muslim female staff from wearing the hijab at front desks. Following public backlash, 13 hotels lifted the ban and signed an agreement with the Ministry of Human Resources to end such discriminatory policies.

Malaysia’s efforts to comply with ILO Convention No. 111

The ILO Convention No. 111 was adopted in 1958, and emphasises the importance of equality of opportunity in employment and treatment without discrimination on the grounds of race, colour, sex, religion, political opinion, national or social origin. 

Malaysia has taken several steps to align with ILO Convention No. 111, which addresses discrimination in employment and occupation. Key initiatives include:

1. Federal Constitution of Malaysia: The Constitution contains key provisions promoting equality and protecting citizens' fundamental rights—serving as the foundation for addressing discrimination in the country.
2. Employment Act 1955: This Act governs private sector employment in Peninsular Malaysia and Labuan. The 2022 amendments strengthened worker protections and aligned the Act with international labour standards, reinforcing Malaysia’s commitment to fair and equitable employment practices.
3. Industrial Relations Act 1967: This Act regulates the relationship between employers, employees, and trade unions. It provides a structured mechanism to resolve industrial disputes while promoting harmony and protecting the rights of all parties involved.
4. Sabah Labour Ordinance (Chapter 67): This ordinance applies to private sector workers in Sabah. A 2025 amendment introduced Section 18A, which empowers the Sabah Director of Manpower to investigate and resolve discrimination-related employment disputes. The amendment ensures consistency with Peninsular Malaysia's labour laws and supports compliance with ILO Convention No. 111.
5. Sarawak Labour Ordinance (Chapter 76): Similar to Sabah’s, this ordinance governs private sector workers in Sarawak. The 2025 amendment introduced Section 19A, giving the Sarawak Director of Manpower authority to handle discrimination complaints. It also aligns Sarawak’s labour protections with those of Peninsular Malaysia and international standards.

Challenges in compliance with ILO Convention No. III in Malaysia 

Despite taking several legislative steps, Malaysia still faces various challenges in ratifying the ILO Convention No. 111 and implementing it in the country's legislation. Among the challenges are: 

• Absence of comprehensive anti-discrimination laws 
• Dualistic legal system
• Lack of data & reporting 
• Support from employer 
• Absence of legal responsibility without ratification
• Social and cultural sensitivity issues 

In short, discrimination in employment in Malaysia, although prevented through various policies and laws, remain a complex and persistent issue. With the ILO Convention No. 111 providing clear guidelines in the effort to achieve equality of opportunity and treatment in employment, the government, employees, employers and trade unions need to work together to create a work environment free from discrimination and towards wellbeing in employement in line with the convention. 

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