As COVID-19 has forced people to stay at home to avoid contracting the virus, most companies have shifted to an online setup to continue remaining productive while abiding by safety guidelines. The transition has proved to be strange and difficult for some, leaving many confused about what to deal with workplace transgressions taking place online, such as sexual harassment.
Workplace sexual harassment has only continued even in the conversion to a remote office. Since technology has made email and texting more accessible and affordable, it has become an essential component that harassers use to disturb their coworkers. If you or a coworker is experiencing online workplace sexual harassment in New York, here is what you need to know:
Sexual Harassment Laws to Know
Sexual harassment can be classified into two general scenarios, which are recognized as sex discrimination by laws like Title VII of the Civil Rights Act of 1964. The first, quid pro quo sexual harassment, happens when an employee must agree to a form of sexual demand, like blackmail, as a condition of employment. The second scenario is hostile work environment harassment, which occurs when persistent and unsolicited sexual advances or conduct in the workplace prevents an employee from performing their role properly. This scenario often involves numerous acts over weeks or months, which can start as inappropriate jokes to blatant sexual acts. However, a single incident is usually enough to prove a hostile work environment claim if it is especially severe.
None of these types must occur in person for it to run contrary to these laws, which means that it accommodates online harassment claims. For example, if your manager commits quid pro quo sexual harassment by refusing to provide favorable performance reviews unless you send sexually explicit photos, they are violating anti-discrimination statutes.
Hostile Work Environments
It’s important to note that if your workplace has a history of tolerating inappropriate behavior, lewd jokes, and unwelcome sexual advances, they will likely continue allowing it even online. If you have been the victim of such harassment in in-person meetings, you may be just as upset by it when the perpetrators continue their behavior in video conference calls.
Online harassment goes well beyond jokes and comments. It also involves sending offensive, unwanted materials like images, videos, or written work. These materials may be showcasing the sender’s genitals or depict other people in a sexually explicit manner. Additionally, “revenge porn” or the distributing intimate photos or videos of someone without their consent is also classified as sexual harassment in the workplace. If you feel increasingly threatened and unsafe in your workplace even as you continue to work remotely, you may want to get in touch with a lawyer who is well-acquainted with sexual harassment laws. They can step in to help you and hold the harasser accountable, mainly when your workplace’s human resources department hasn’t investigated and penalized the offender.
Conclusion
Many workplaces are rife with sexual harassment that has gone unabated due to inaction by upper management or human resources. Fortunately, getting in touch with a lawyer can help you discern your options and find out the best way to hold your harasser responsible for their inappropriate behavior and make you feel safer at your workplace.
If you’re looking for a lawyer in NYC experienced in sexual harassment laws, be sure to contact us at Ronemus & Vilensky. We have a wealth of experience in many areas of the law, such as medical malpractice, traumatic brain injury, car accidents, and more. If anyone at your workplace has ever harassed you, be sure to contact us for a free consultation because you deserve to feel safe and protected.