The American workforce has become increasingly remote in recent years. More than ever before, employees are completing their work from remote locations without ever stepping foot into a physical office space. Telework offers benefits to both employers and employees, and adds new challenges. Surprisingly, despite the dispersed nature of remote work, there has been no significant decline in reports of sexual harassment at work. Today, workplace sexual harassment remains a pressing issue facing employees whether they are working from the office or from home.
What Constitutes Sexual Harassment in the Remote Workplace?
Generally, sexual harassment includes verbal or physical conduct that is sexual in nature and motivated by an employee’s sex, gender identity, or sexual orientation. Anyone, regardless of sex or gender, can be the victim of unwanted harassment, and anyone, regardless of sex or gender, can perpetrate sexual harassment. Harassment can be verbal, written in the form of emails or text messages, physical, or through a third party, and can occur during work or outside of work hours.
The legal definition of sexual harassment remains the same for employees who work in office or work remotely. Although remote workers have less face-to-face interaction with coworkers, they experience similar levels of sexual harassment in the remote office space. Sexual harassment in a remote workplace is most often carried out using online communication channels and chat apps such as email, Slack, Teams, Zoom, and text.
What Evidence Proves Sexual Harassment in the Remote Workplace?
Sexual harassment in a virtual workplace is often easier to prove than harassment that occurs offline. Instead of relying on he-said she-said evidence about in-person events, evidence of sexual harassment in a remote workplace likely includes copies of emails, texts, and screenshots that directly demonstrate the pattern of harassment. Remote employees may also gather evidence of harassment through other computer forensics that trace when and how the harassment occurred.
Common Forms of Remote Sexual Harassment
There are two main forms of prohibited sexual harassment at work: hostile work environment harassment, and quid pro quo harassment. Both can occur in a remote workplace.
- Hostile work environment harassment refers to sexual harassment that is severe or pervasive, so as to create a hostile workplace and interfere with an employee’s work. Harassment is considered severe if it is egregious to the point that one occurrence of the harassing behavior makes the environment hostile. Harassment is considered pervasive if it occurs repeatedly, so as to create a hostile workplace environment. Hostile work environment harassment in a remove workspace may include unsolicited sexual advances, inappropriate comments, jokes, memes, or photos shared through messages, virtual meetings, video calls, or other messaging platforms.
- Quid Pro Quo sexual harassment occurs when participation in a sexual behavior is represented as a condition of employment. For example, a supervisor suggesting that you may receive a promotion if you go on a date with them, or a manager telling you that they will hire you in exchange for a sexual favor, are both considered illegal quid pro quo harassment. One event of explicit or implied quid pro quo harassment is unlawful. Quid Pro Quo sexual harassment could occur in a remote workplace when the harassing suggestions and shared virtually through messages or online meetings.
Legal Protections Against Remote Sexual Harassment
Both federal law and California employment law prohibit workplace sexual harassment. If you have experienced sexual harassment at work, you may be entitled to compensation, including emotional distress and punitive damages under federal and state laws.
Employers are responsible for creating a work environment free of sexual harassment. Employers can be held accountable for sexual harassment if a supervisor or manager is the harasser. Employers can also be held accountable for failing to prevent sexual harassment by a coworker, customer, or client, if they are aware of the harassment and then fail to prevent the harassing behavior from continuing.
The law also protects employees who report sexual harassment at work. Employees who make a complaint of sexual harassment to their employer, resist sexual harassment in the workplace, or participate as a witness in a sexual harassment complaint, are legally protected against retaliation. If your employer has treated you differently because you reported or resisted any form of sexual harassment, your employer has retaliated against you and broken the law.
Steps To Take If You Experience Remote Sexual Harassment
- Save Evidence: Record all relevant events or interactions in writing. Save related notes and documents.
- Report the Harassment: Report the harassment directly to your employer, either to a trusted supervisor or to human resources. You may file a sexual harassment complaint with the Federal Equal Employment Opportunity Commission (EEOC) within 300 days, you may file a complaint with the California Civil Rights Department (CCRD) within 3 years (if your employer has more than 5 employees). After you file with the EEOC, you may receive a Right to Sue letter, at which point you will have 90 days to file a complaint in federal court, or 1 year to file a complaint in state court after receiving a right to sue from the CCRD.
- Find an Attorney: Reach out to an employment attorney. At any point in this process, whether you are currently experiencing harassment, have reported harassment to your employer, have filed a charge of harassment with the EEOC or CCRD, or have filed a sexual harassment case, an attorney will be able to help you navigate this process and advocate for you.
If you have experienced sexual harassment in your remote workplace, reach out to Avloni Law. Navruz Avloni is an experienced sexual harassment lawyer dedicated to fighting for your right to a workplace free of u
