Ever since the COVID-19 pandemic, remote work has become increasingly common. It seems to be the new normal in many workplaces today. While this monumental shift comes with many benefits, it has also introduced new challenges in addressing issues like sexual harassment. Unfortunately, sexual harassment cases are far more common than you think. According to the Equal Employment Opportunity Commission, anywhere from 25% to 85% of women report having experienced sexual harassment in the workplace.
In short, sexual harassment in remote work continues to be a grave concern. Tackling this issue is critical for not just employees but also employers. A sexual harassment lawsuit in today’s digital era can affect your brand and business for months to come. But you will need to proceed carefully. The sensitive nature of this issue demands legal knowledge and support.
That’s why you must understand what sexual harassment in remote work means, how it manifests, and how to report or prevent it.
Understanding Sexual Harassment in Remote Work
Whether it is physical or remote, workplace sexual harassment involves unwelcome advances, comments, or behavior. As you can imagine, in a remote setting, these behaviors take place through virtual interactions. So, it also includes inappropriate and non-work-related text messages, emails, or social media interactions.
Sexual harassment in remote work can take various forms. It includes explicit comments, inappropriate messages, or displaying offensive materials during virtual meetings. Contributing factors include the lack of physical presence, digital communication barriers, and the potential for misinterpretation of intentions.
Here is an example. Alex is a team lead who sends explicit and unwelcome messages to Jamie, a remote team member. Alex uses the company’s messaging platform to do so. These messages contain suggestive language and inappropriate comments about Jamie’s appearance.
Unfortunately, despite Jamie’s discomfort, there is no physical presence to handle the issue. The remote work environment makes it difficult to end this harassment. It puts Jamie, other team members, and your company in a difficult position.
But you can consider legal factors to address issues like these. The good news is a competent sexual harassment lawyer can help you understand how the existing laws apply to virtual workplaces. As an employer, you would want to understand and adapt to these legal frameworks. That, in turn, would help you create a safe and compliant remote work environment.
Challenges of Addressing Remote Sexual Harassment
Addressing sexual harassment in a remote workplace comes with its own set of challenges. Whether you are an employee or employer, consider the following factors when handling sexual harassment cases.
1. Communication Challenges
Communication is one of the most challenging parts of a remote work environment. It’s easier said than done to interpret non-verbal cues and tone in remote interactions. You could lose subtle hints or comments because there is no face-to-face communication. It could lead to misinterpretations. As a result, potential harassment issues could go unnoticed.
2. Reporting Barriers
According to the University of Massachusetts Amherst, 99.8% of people who experience sexual harassment at work never file formal charges. The remote environment makes it even more difficult to report such harassment. Employees are concerned about privacy breaches and fear of retaliation. They may also be unsure of how effective virtual reporting is.
3. Monitoring and Oversight
Monitoring can help you prevent potential sexual harassment cases. However, keeping a tab on remote work exchanges is challenging. The lack of physical presence makes it harder to identify signs of harassment.
How Do You Mitigate Remote Sexual Harassment Risks?
Although it comes with many challenges, you can still take steps to prevent sexual harassment in remote work environments. Here are a few ways to ensure a safer remote workplace for your employees.
1. Policy and Training
The first step is to update your sexual harassment policies to cover remote employees and the workplace. You can do this with the help of a skilled sexual harassment lawyer. Remember, your employees need clear instructions on acceptable conduct in online exchanges.
Secondly, you will need to train your employees. Train all your employees to recognize and address virtual harassment. This would help you address potential issues quickly and efficiently.
2. Technology Solutions
The next step is to create secure communication platforms. These will help your employees avoid unwanted conversations, but you will also need anonymous reporting mechanisms.
Most sexual harassment cases go unnoticed because people are afraid of retaliation if they report an incident. It can help enhance the safety of your virtual workspace. You can create encrypted channels for reporting sexual abuse. More importantly, keeping the reporting process user-friendly and confidential can help employees voice their concerns without fear of exposure.
3. Culture of Respect
Fostering a culture of respect and inclusion is vital for preventing remote sexual harassment. As an employer, you should actively promote values like diversity, equity, and mutual respect. Make sure to reinforce this culture through regular training.
Think About Legal and Compliance
When dealing with sexual harassment, you need to think about legal compliance. Of course, you should speak with a competent sexual harassment lawyer. However, as an employer, here’s what you can do.
1. Legal Obligations
You can take steps to mitigate sexual harassment in the remote workplace. However, your policies need to comply with the existing sexual harassment laws. Remote work does not exempt organizations from adhering to established legal standards. So, it’s best to talk to a sexual harassment attorney first.
2. Liability and Risk Management
You need to understand the potential legal liabilities and risks. It can help you reduce the risk of sexual harassment. For example, you can conduct regular training and create crystal-clear policies. It can mitigate potential harassment and legal exposure. An experienced sexual harassment attorney can help you figure out your workplace policies.
3. Legal Resources
It is also necessary to provide your employees with legal support and resources. You can share the designated contact person, as well as where and how to reach them when facing sexual harassment. Also, ensure them that the process is confidential. It would strengthen their ability to seek justice. Clear channels for reporting and legal guidance contribute to a safer work environment. You can consult a sexual harassment lawyer to create this system.
Address Sexual Harassment with the Help of Barrett & Farahany
Addressing sexual harassment, especially in the remote workplace, is easier said than done. It requires a multifaceted approach. But first, you need to understand the challenges like communication, reporting, and oversight. This will help you implement effective strategies to mitigate sexual harassment risks. But make sure to adhere to the legal obligations. That’s why it’s best to consult an experienced sexual harassment lawyer as soon as possible.
Are you looking for a sexual harassment attorney? At Barrett & Farahany, our skilled lawyers can help guide you through the complexities of a sexual harassment case. Contact us today to schedule a consultation.
