Sexual Harassment and Remote Work
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You might think working from home would protect you from workplace harassment. But we have seen people subject to actionable harassment during the pandemic even when they are not reporting to the physical workplace at all.
If you think about it, it is not that surprising. Where people have been on camera from home, in some cases for almost two years now, it can create a more casual atmosphere where boundaries are not observed as regularly. This is particularly the case if the only quiet place in your home you can use for zoom meetings is your bedroom. Suddenly your co-workers and supervisors can see a very private part of your home in the background. Also, inappropriate comments and innuendo do not have physical boundaries. We have heard of supervisors making lewd gestures on camera in a zoom meeting, asking overly personal questions, or sharing inappropriate jokes and materials virtually. There are certainly things you can do to create your own boundaries, and protect your privacy- virtual backgrounds or using the "blur" filter on zoom, for example- but you should know that your right to be free from sexual harassment is no less in a remote environment than it is in the physical workplace. |
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What to Do If You Are Being Harassed by Video
In the same way you would if you were in the physical workplace, you should report the behavior to to a supervisor or Human Resources. It is important to make sure management is aware of what is happening. Your employer is not allowed to retaliate against you for making the report. They also cannot be held responsible for not addressing the situation if they don't know about it.
You do not need to use any magic words or special form. It could be as simple as an email or a note to the owner identifying the behavior and that it is making you uncomfortable. The owner should then investigate the situation. This may mean talking to you to find out more details. It should not mean that you have to discuss the problem with the person who is doing the harassing.
You can also take steps to document the behavior that may actually be easier by video than in person. You cannot record a conversation without everyone's permission, but if there is something visual happening on your video you can screenshot it. You can also keep notes, either with pen and paper or whatever program you use to take notes on other topics. If you take these notes close in time to when the behavior occurred, they can be useful later in proving what happened.
You do not need to use any magic words or special form. It could be as simple as an email or a note to the owner identifying the behavior and that it is making you uncomfortable. The owner should then investigate the situation. This may mean talking to you to find out more details. It should not mean that you have to discuss the problem with the person who is doing the harassing.
You can also take steps to document the behavior that may actually be easier by video than in person. You cannot record a conversation without everyone's permission, but if there is something visual happening on your video you can screenshot it. You can also keep notes, either with pen and paper or whatever program you use to take notes on other topics. If you take these notes close in time to when the behavior occurred, they can be useful later in proving what happened.
Can You Quit the Job and Still Bring a Harassment Claim?
You are not required to continue working in an intolerable environment. If you voluntarily resign, that could affect your ability to recover for lost wages, but you can still recover for the emotional distress caused by the behavior.
Also, if the situation is so bad that a "reasonable person" would not continue working there, you may still have a claim for lost wages, on a theory that you were constructively discharged. It is worth consulting with an employment lawyer before taking this step- the standard for proving constructive discharge is highly fact specific, and you might want to know beforehand what your chances are of establishing it.
Also, if the situation is so bad that a "reasonable person" would not continue working there, you may still have a claim for lost wages, on a theory that you were constructively discharged. It is worth consulting with an employment lawyer before taking this step- the standard for proving constructive discharge is highly fact specific, and you might want to know beforehand what your chances are of establishing it.
How Our Employment Lawyers Can Help
If you feel that you are the target of sexual behavior, misconduct or harassment, we can help. We will help you assess the situation, understand your rights and obligations, and make a plan to solve the problem. 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.
