Remote work has been booming in popularity since the COVID-19 pandemic, allowing employees to perform some or all of the functions of their jobs from the comfort of their homes. While remote work can improve work-life balance and eliminate commuting time, it can’t fix all problems associated with office jobs. Workplace sexual harassment can still occur in remote work environments.
Physical distance can make some feel safer after an incident of sexual harassment, but being isolated from other co-workers might also make a victim feel alone, frightened, and unsure of how to proceed. The compassionate employment lawyers with Joseph & Norinsberg can help you fight back and get justice after experiencing sexual harassment in a remote work environment.
What Is Sexual Harassment in Remote Work Environments?
The law defines sexual harassment as unwanted or uncomfortable behavior directed at an employee because of their sex or gender. Many types of behavior that create a hostile work environment can still occur through messages or video calls in a remote work setting.
Experiencing sexual harassment while working remotely can make an employee feel alone and vulnerable. The victim may be physically distant from the perpetrator, but that distance makes it more difficult to find support from colleagues or properly report their experiences.
Types of workplace sexual harassment that can also take place in a remote work environment include the following:
- Quid pro quo sexual harassment
- Inappropriate comments
- Offensive jokes
- Obscene gestures
- Repeated sexual advances
- Sharing or displaying sexually explicit material
What Are Examples of Sexual Harassment in Remote Work Environments?
The following are some examples of sexual harassment during remote work:
- A woman starts receiving texts after sharing her number with a co-worker. The messages start friendly but quickly devolve into repeated romantic advances. He starts getting angry when she refuses, making her feel uncomfortable at work.
- After a worker attends a video meeting with his manager, she begins sending him sexually explicit images and offers to give him special treatment at work if he reciprocates.
- A colleague makes jokes in a work chat about a worker’s sexual orientation that she finds offensive and upsetting. She privately messages him about her feelings and asks him to stop, but the colleague continues to make similar jokes in group settings.
What is the Difference Between Workplace Sexual Harassment and Remote Sexual Harassment?
Workplace sexual harassment can involve unwanted touching and other types of physical harassment, like violating someone’s personal space or blocking their path. While remote sexual harassment likely doesn’t have a physical component, verbal harassment can occur through workplace communications, and individuals can commit nonverbal harassment through their behavior in group settings like video calls.
If the conduct is severe or pervasive enough, any of these types of workplace sexual harassment can give rise to a hostile work environment. Depending on the nature of the harassing behavior, a victim can respond very differently in an in-person or remote setting. While a victim might feel physically unsafe in their office, a remote worker’s experiences might tie emotionally into their own home.
What Should Employees Do If They Are Experiencing Remote Sexual Harassment?
If you’re experiencing sexual harassment in a remote work environment, it’s important to take action as soon as possible. The following are some steps you can take to respond to the harassment:
Gather Evidence
Take detailed notes immediately after any incidents of harassment, recording who was involved, what happened, when, and anything else that can help corroborate your experiences. Preserve any written communications, as they might constitute hard evidence of the conduct.
If the harassment occurred during a video call, reach out to colleagues who might be willing to provide a witness statement.
Go Over Company Policies
As remote work is still a novel practice, many companies may not have thoroughly developed or updated policies on harassment. Review any materials the company has sent or required employees to view, including any mandatory sexual harassment training, and record any potential violations you notice.
Report the Harassment
When you’ve gathered all the information you can, find your company’s human resources staff and file a complaint with them. Reporting sexual harassment internally gives your employer a chance to resolve the situation early and creates a paper trail that will support your claims if it is unable or unwilling to fix the problem. It is illegal to retaliate against an employee for reporting sexual harassment or discrimination in the workplace.
You can file a complaint with the federal Equal Employment Opportunity Commission or the equivalent state or local agency.
Working with a Sexual Harassment Lawyer
Hiring an experienced attorney is the best way to ensure a successful result in a remote work sexual harassment case. An employment lawyer can guide you through the process of gathering evidence and building a strong claim, then help you file it with your employer and the right agencies.
Your attorney can communicate with your employer, investigators, and any opposing parties to protect your rights and ensure justice is served.
What Can Employers Do to Lower the Risks of Sexual Harassment in Remote Environments?
Employers can do the following to prevent and address sexual harassment in remote work settings:
- Review and update policies and procedures to help managers and employees properly anticipate and respond to sexual harassment in a remote work environment.
- Create clear reporting guidelines so employees know exactly where and how to file a sexual harassment complaint.
- Encourage a positive culture that supports, respects, and empowers victims of sexual harassment.
- Host workplace sexual harassment training sessions that acknowledge remote work environments and provide examples of how it can occur
Contact Joseph & Norinsberg For Your Employment Law Cases
Dealing with sexual harassment in a remote work environment can be confusing and stressful. Our knowledgeable employment law attorneys are here to help you effectively respond to workplace harassment and get the justice you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
