Sexual Harassment in a Remote Work Environment
Navigating Remote Work: Addressing Sexual Harassment in the Virtual WorkspaceWorking remotely may seem like a safeguard against workplace harassment, but even in the age of remote work, individuals can find themselves subjected to actionable harassment. In the era of endless video conferences and virtual meetings, the lines between personal and professional space have blurred, sometimes leading to boundary issues.
Consider the situation where your only quiet meeting space is your bedroom. Suddenly, colleagues and supervisors are privy to an intimate part of your home, creating opportunities for discomfort. Inappropriate comments and innuendos, whether in person or through video, know no physical boundaries. Reports of lewd gestures, intrusive personal questions, and inappropriate humor have surfaced in virtual settings. While there are steps you can take to maintain your boundaries and privacy, it's crucial to understand that your right to be free from sexual harassment remains intact in a remote work environment, just as it does in a physical workplace. What to Do If You Are Being Harassed by VideoIn the virtual realm, responding to harassment should follow the same principles as in a physical workplace. Report the behavior to a supervisor or Human Resources to ensure that management is aware of the situation. Your employer cannot retaliate against you for making a report, and they have a responsibility to address the issue once notified.
You don't need to use any special forms or magic words when reporting. A simple email or note detailing the behavior and expressing your discomfort can suffice. The owner or management should then initiate an investigation, which may involve discussing the matter with you to gather more details. Importantly, you should not be forced to confront the harasser directly. Documentation can be particularly effective in virtual harassment cases. While recording conversations without consent is generally prohibited, you can capture visual evidence through screenshots. Keeping contemporaneous notes, whether on paper or digital platforms, can also be valuable in substantiating your claims. Can You Quit the Job and Still Bring a Harassment Claim?Leaving an intolerable work environment voluntarily does not necessarily bar you from seeking legal recourse. While resigning may affect your ability to recover lost wages, you can still pursue compensation for emotional distress caused by the harassment.
If the situation reaches a point where a "reasonable person" would find it impossible to continue working, you might have a claim for lost wages under the theory of constructive discharge. Consulting with an employment lawyer before resigning is advisable, as the standard for proving constructive discharge varies depending on the specific circumstances. Understanding your chances of establishing this claim can inform your decision-making process. |
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, workplace sexual harassment situations, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, discrimination, harassment and retaliation claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, harassment, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination, harassment and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced legal team is here to provide guidance and support if you've encountered sexual harassment in a remote work setting. We can help you understand your rights, navigate the reporting process, and explore legal remedies. Don't hesitate to reach out for assistance. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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