While many employees have been telecommuting from home during the pandemic, sexual harassment on the job can still occur even with remote work. In fact, some groups are reporting increases in harassment while working remotely whether due to loneliness, a more casual, relaxed environment, or the absence of a physical management presence to step in. As an employer, it’s crucial to make sure you’re complying with sexual harassment laws even when your workers are off site or you could face costly fines, legal fees, and damages.
At Complete Payroll Solutions, our HR professionals have been guiding employers on how to comply with employment laws and regulations for over 18 years. We understand the nuances of the sexual harassment rules you need to navigate on both a federal and state level in order to avoid penalties for noncompliance. To help you understand how to ensure a harassment-free remote work environment for your employees, here we’ll cover:
After reading this article, you’ll know how to reduce your risk and ensure a safe, respectful environment for your employees, no matter where they’re located.
Online sexual harassment is defined as unwelcome verbal or visual conduct that denigrates or shows hostility or aversion toward an individual because of any actual or perceived protected characteristic or has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. This type of behavior can take place over text, email, app, or video conferencing.
Examples of inappropriate verbal conduct include:
Visual sexual harassment can include offensive:
Sexual harassment also includes other unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal, visual conduct of a sexual nature when:
The same anti-harassment laws apply whether employees are in person or remote. On a federal level, Title VII of the Civil Rights Act of 1964 protects workers in companies with 15 or more employees from sexual harassment. Covered employers are required to provide a work environment that is free from harassment and other kinds of discrimination. Under the law, while the action of sexual harassment is not illegal, it is illegal for employers to allow it to occur or to stop it once they know it’s happening. It’s important to note that the victim of sexual harassment doesn’t have to be the person harassed but could be anyone affected by the offensive conduct, including witnesses or bystanders.
Some states also have laws that provide further protection. For example, in California, the Fair Employment and Housing Act applies to all employers in the state, not just those with 15 or more employees, and requires that they take steps to prevent it from happening.
Other states require sexual harassment training, including several in the Northeast:
Even if you’re not covered by any of the anti-harassment laws because of your size or location, it’s important to keep in mind that harassment of any kind is never acceptable in the workplace and can land you in hot water.
To avoid potential problems, you need to make sure your expectations are clear. Here are some steps to prevent online sexual harassment in your business:
There are also some tips you can share with employees to help make the remote work environment safer:
Remote work has blurred the lines between personal and professional lives. However, employees off-site have the same right to a harassment-free workplace as those working in person. To create a safe, respectful environment, it’s important that all employees understand acceptable standards for conduct.
Complete Payroll Solutions can help companies comply with the law and set themselves up for success by providing:
Read our next article on the essentials of an employee handbook for more about how to avoid harassment in a work-from-home environment and reduce your risk of fines, penalties, and lawsuits.