By: Molly Hill
Published on: April 14, 2025
The rise in remote work, accelerated by the COVID-19 pandemic, has drastically changed workplace dynamics, including how sexual harassment is both perpetrated and addressed.[1] Before the pandemic, only a small percentage of employees worked remotely, but this has changed as many companies have moved their operations online. Remote work has given employees greater flexibility and autonomy, improving their work-life balance and altering traditional workplace norms.
While physical harassment incidents have declined in remote and hybrid settings, other forms of harassment have emerged.[2] Virtual harassment can include inappropriate messaging on remote office communication platforms, intrusive video calls, unprofessional conduct during virtual meetings, or exclusion from online meetings altogether.[3] These behaviors, and remote or hybrid work generally, can blur the boundaries between personal and professional life. Remote workers may feel isolated or unsure about how to report incidents in a virtual context, potentially leading to underreporting.[4] Additionally, the physical distance between employees in remote workplaces makes identifying and addressing harassment difficult.[5] To protect employees and maintain inclusive workplace environments, employers need to revisit and amend their harassment policies to fit this new online era.
Workplace harassment, as defined by Title VII of the Civil Rights Act of 1964, includes unwelcome behavior based on “race, color, religion, sex, or national origin” that created a hostile work environment.[6] The Supreme Court recognized sexual harassment for the first time in Meritor Savings Bank v. Vinson.[7] Later, in Harris v. Forklift Systems, Inc., the Court clarified that tangible harm is not required to establish a Title VII violation, and emphasized the importance of protecting employees from hostile work environments.[8] These rulings, however, aimed to protect employees in traditional in-office settings – remote work introduces new challenges that previously did not exist.
Subsequent cases like Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth explained employers’ responsibility to prevent harassment and respond effectively to reported incidents.[9] Employers may be held liable if an employee reporting the harassment leads to tangible job consequences for them, like being fired or demoted for rejecting advances.[10] Furthermore, in Oncale v. Sundowner Offshore Services, Inc., the Supreme Court ruled that same-sex harassment is also covered under Title VII.[11] While these precedents provide a foundation for addressing harassment, they must be re-evaluated to better address the issues faced in remote workplaces.
To remedy this issue, employers can amend their policies by incorporating clear guidelines for virtual conduct and fostering an inclusive virtual workplace culture. Suggested policies include explicitly addressing forms of online harassment in company handbooks and providing examples to help employees identify and report those behaviors.[12] Additionally, employers can ensure that avenues for reporting are accessible, confidential, and tailored for remote employees, such as online reporting portals or virtual confidential meetings with Human Resources officers.[13] Establishing a culture of accountability and support, even in remote workplaces, helps to ensure that employees feel protected and empowered to raise concerns without fear of retaliation.
As remote workplaces continue to evolve and become a permanent part of many companies and organizations, addressing the challenges they bring is essential to creating a safe and inclusive workplace. Employers must recognize that traditional policies may be inadequate and take proactive steps to adapt to the new challenges posed by remote and hybrid work environments. By re-evaluating harassment policies, implementing comprehensive training programs, and promoting open communication, companies can comply with legal obligations while creating a supportive workplace culture that prioritizes their employees’ well-being.[14] Protecting remote workers from harassment is not just a legal or ethical obligation; it is essential for building trust, improving productivity, and ensuring the long-term success of the new remote and hybrid workforce.
[1] See Jacqueline Strenio & Joyita Roy Chowhury, Remote Work During COVID-19: Challenges and Opportunities for Combating Workplace Sexual Harassment, King’s Coll. London (Jan. 18, 2025, 7:06 PM), https://www.kcl.ac.uk/remote-work-during-covid-19 (illustrating how remote work moved harassment online while offering new tools to combat it).
[2] See Am. Psych. Ass’n, Addressing Bias, Stigma, and Discrimination in a Virtual Work Environment (Mar. 2022), https://www.apa.org/pi/health-equity/virtual-work.pdf [hereinafter Addressing Discrimination in a Virtual Work Environment] (demonstrating how remote work lessens instances of physical harassment while fostering virtual forms, like microaggressions and hostile comments, particularly targeting women of color).
[3] See Harassment in the (Virtual) Workplace, Tripartite All. for Fair and Progressive Emp. Pracs. (Jan. 18, 2025, 7:20 PM), https://www.tal.sg/tafep/resources/articles/2021/harassment-in-the-virtual-workplace (explaining forms of virtual harassment and how they can even extend to behaviors like cyberbullying though offensive messages, stealing personal information, and inappropriate conduct on professional platforms such as Zoom or Microsoft Teams).
[4] See Matthew Doherty, Workplace Violence and Remote Employees, Risk Mgmt. (Jan 18, 2025, 7:24 PM), https://www.rmmagazine.com/articles/article/2020/05/01/-Workplace-Violence-and-Remote-Employees- (describing how remote employees may hesitate to report incidents of harassment due to fears of retaliation or uncertainty about virtual reporting channels).
[5] See Addressing Discrimination in a Virtual Work Environment, supra note 2 (highlighting how the lack of physical proximity in virtual work allows harassment, like comments on appearance, to go unnoticed).
[6] 42 U.S.C. § 2000e-2(a).
[7] See Meritor Sav. Bank v. Vinson, 477 U.S. 57, 63-69 (1986) (recognizing sexual harassment as a violation of Title VII of the Civil Rights Act of 1964).
[8] See Harris v. Forklift Sys., Inc., 510 U.S. 17, 21-23 (1993) (holding that the plaintiff need not prove psychological harm to pursue a Title VII violation).
[9] See Faragher v. City of Boca Raton, 524 U.S. 775, 801-08 (1998) (explaining employers are vicariously liable for supervisor harassment unless they prove reasonable prevention and correction efforts); Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 764-65 (1998) (holding employers vicariously liable for supervisor harassment unless they show prevention efforts and employee inaction).
[10] Faragher, 524 U.S. at 807-08; Ellerth, 524 U.S. at 762.
[11] Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 78-79 (1998).
[12] See Ashton Jackson, 38% of Workers Still Experience Harassment Remotely – Here’s What Employers Can Do About It, CNBC (Jan. 18, 2025, 7:35 PM), https://www.cnbc.com/2022/03/01/38percent-of-workers-experienced-remote-harassment-how-employers-can-fix-it.html (urging employers to adopt transparent policies and clear disciplinary measures to address virtual harassment).
[13] See id. (advocating for anonymous reporting tools to ensure accessible reporting for virtual employees).
[14] Id.