Sexual Harassment in the Remote Workplace
The gig economy has witnessed a significant shift towards remote work. While telecommuting offers various advantages, such as flexibility and reduced commuting time, it has not been able to eradicate the persistent issue of sexual harassment in the workplace. Despite the physical distance between employees, virtual platforms have become breeding grounds for sexual harassment, with incidents of inappropriate behavior and gender-based hostility on the rise. In this article, we will explore the challenges posed by remote work in addressing sexual harassment, the types of harassment that can occur in a virtual environment, and the measures that employers and employees can take to combat this issue.
The Persistence of Sexual Harassment in Remote Work
Contrary to expectations, sexual harassment has not diminished with the transition to remote work. Surveys conducted in recent years indicate that a significant percentage of employees continue to experience harassment while working remotely. According to a 2021 survey, 38% of respondents reported experiencing workplace harassment while telecommuting. This harassment occurred through various channels, including email, video conferencing, chat apps, and telephone. Another survey conducted by Project Include revealed that 26% of workers witnessed an increase in gender-based harassment after shifting to remote work, with 40% of women, gender-queer, and non-binary workers experiencing heightened harassment. Additionally, there was a perceived increase in race/ethnicity-based hostility among all groups.
Forms of Sexual Harassment in the Remote Workplace
Sexual harassment in the remote work environment can manifest in different ways. It encompasses any harassment related to a person’s gender or sexuality that occurs during online work or is perpetrated by remote workers. Some examples of sexual harassment in the virtual workplace include:
Inappropriate Communication: This involves sharing jokes, memes, or images of a sexual or sex-based nature through email or messaging platforms, including sexually explicit content that denigrates women or a particular racial or ethnic group.
Unwanted Advances: Suggestive comments or solicitations sent through chat, private messaging, or phone fall into this category. It can create an uncomfortable environment for the recipient.
Sexist Remarks: Denigrating sexist comments made during video conferences or one-on-one discussions, whether directed at an individual or generalized to a group, contribute to a hostile work environment.
Explicit Media: Sharing or soliciting inappropriate or explicit photographs, videos, or other visual content is a form of sexual harassment that should not be tolerated.
These examples represent only a fraction of the types of harassment that can occur in a remote work environment. The general rule is simple: if it would be considered unacceptable to engage in such behavior in person, it is undoubtedly inappropriate to engage in it through virtual platforms.
Factors Contributing to Remote Workplace Harassment
Several factors contribute to the persistence of sexual harassment in the remote work setting. Some of these factors include:
Increased Stress and Anxiety: The stress and anxiety brought on by the pandemic may contribute to heightened instances of harassment in the virtual workplace.
Lack of Immediate Managerial Support:
Remote work may hinder immediate access to managers when incidents occur, making it more difficult for victims to seek support or report the harassment naturally.
Anonymity and Lack of Accountability: The virtual environment, similar to social media platforms, can embolden individuals to engage in behavior they would not exhibit in face-to-face interactions. The absence of physical presence and fewer witnesses may reduce the perceived accountability for their actions.
Unclear Standards and Processes: Employers may not have established clear standards and processes for remote interactions, leaving employees unsure of how to address and report instances of harassment.
It is critical to recognize that sexual harassment and other forms of workplace harassment are equally unacceptable in a remote setting as they are in a physical office. Remote work should not provide a haven for harassers, and employers have a responsibility to address and eliminate such behavior.
Employer Responsibilities in Combating Remote Workplace Harassment
Employers play a crucial role in curbing sexual harassment in the remote workplace. Despite the unique challenges posed by telecommuting, employers can take several steps to ensure a safe and harassment-free work environment. These include:
Clear Communication: Employers should explicitly notify employees that sexual harassment policies remain in effect while working from home. It is essential to communicate the standards of behavior expected in remote work settings.
Establish Reporting Procedures: Employers must establish clear processes for reporting harassment incidents that occur during remote work. Employees should be aware of how and to whom they should report such incidents.
Training and Education: Employers should provide comprehensive training on sexual harassment prevention and remote work etiquette. This can help employees recognize and address inappropriate behavior.
Promote a Supportive Culture: Employers should foster a culture of respect and inclusivity, emphasizing zero tolerance for harassment. Encouraging open dialogue and providing support resources can help create a safe environment for victims to come forward.
By taking these proactive measures, employers can create a remote work environment that prioritizes the well-being and safety of all employees.
Employee Actions in Addressing Remote Workplace Harassment
If an employee experiences sexual harassment in the remote workplace, there are steps they can take to address the issue effectively. These steps include:
Documentation: Victims should document all incidents of harassment, including details such as when and where the incident occurred, the communication channel used, and any witnesses present. Documentation provides crucial evidence to support their claims.
Reporting: Employees should follow their company’s procedure for reporting harassment. This may involve notifying their immediate supervisor or the human resources department. If the immediate supervisor is involved in the harassment or unresponsive, employees should escalate the issue to higher levels of management or HR.
Legal Resources: If the employer fails to address the harassment adequately, employees have legal avenues to pursue. They can file a complaint with the appropriate state or federal agencies, such as the Equal Employment Opportunity Commission (EEOC). Seeking legal advice from experienced sexual harassment attorneys can provide guidance on the available options.
It is crucial for victims to understand their rights and assert them. Seeking support and taking action against harassment can contribute to creating a safer work environment for all employees.
Conclusion
While remote work offers numerous benefits, it has not eradicated the issue of sexual harassment in the workplace. Sexual harassment persists in the virtual realm, with incidents of inappropriate behavior and gender-based hostility occurring through various online channels. Employers and employees must recognize that remote workplace harassment is unacceptable and take proactive measures to address and prevent it. Employers should establish clear policies, promote education and training, and foster a supportive culture. Employees should document incidents, report harassment, and seek legal recourse if necessary. By working together, we can create a safe and inclusive remote work environment in the gig economy.
If you need employment litigation, please call Setyan Law at (213)-618-3655. Free consultation.