Nearly one-in-four women who have experienced harassment say it has increased since they started to work from home

While salacious examples of indecent Zoom or video call exposures become global headlines, a more dubious underbelly of the remote working culture has developed largely unnoticed: Workplace harassment in the virtual space.

Over the last 15 months it has become clear that despite a global pandemic and a shift to virtual working, workplace bullies and their harassment have not only continued but increased. Approximately 45 per cent of women experiencing sexual harassment say it happens remotely, and 23 per cent of women who have experienced harassment say it has increased since they started working from home back in March 2020. A further 15 per cent have reported an increase in online harassment while working from home during the pandemic.

While pre-COVID examples of harassment included bullying, micromanaging and general intimidation, there are new approaches that are specific to remote work. Like your average internet troll, many employees have become emboldened hiding behind the security of their computer screen and feel comfortable making comments that they would never dream of making in the office.

Virtual workplace harassment can manifest as someone commenting on a co-worker’s partner or home decor appearing in the background of a Zoom call; managers maintaining unreasonable expectations of employee online availability or requiring excessive “check-in” meetings and interfering with productivity; and of course, employees sending inappropriate messages to co-workers over internal chat functions.

Remote work harassment is exacerbated by a lack of witnesses to one-on-one interactions that take place on video calls. Generally, there are employees within earshot to witness a supervisor yelling or being aggressive toward a subordinate, however, with remote working, the only witnesses may be the employee’s family. Such witnesses would add a complex, if not improper, layer of complexity to any workplace investigations.

It should be noted that when work and workplace harassment enter one’s home, the home can no longer provide the sanctuary or respite that it once did. As the lines between work and home blur, combined with an increase in harassment and bullying, the toll on employees’ mental health can be significant. That is likely one reason for the dramatic increase in mental health issues during the pandemic.

Employers may not be aware, but employees are covered by the Occupational Health and Safety Act even while remote working. The “workplace” is defined in the OHSA as any premises or place where a person performs work in the course of his employment. In turn, the employer’s duties under the OHSA extend to anywhere the employee performs their work — including at home. For federally regulated employers, there are obligations in Part II of the Canada Labour Code that continue to apply to work-from-home arrangements as well.

Employers will also need to be cognizant of their Workplace Safety and Insurance Board coverage extending to employees working remotely, as well as their Human Rights obligations. The duty to provide reasonable accommodation under applicable human rights legislation continues to apply to employees working from home, and could require the employer to provide specific chairs, desks or other medically required accommodations up to the point of undue hardship to the employer.

Human resource professionals and in-house counsel should review their policies to ensure they address the novel ways in which workplace harassment now occurs, such as language respecting proper video conferencing etiquette. Employees experiencing harassment need to file complaints with HR representatives or supervisors — provided they are not the perpetrators of the inappropriate behavior. It is essential for employees to have complaints recorded, as there is an obligation for the employer to investigate these complaints under the applicable workplace safety legislation. If an employee is terminated shortly after making such a complaint, there could be a claim for reprisal.

Both employers and employees need to be aware of their obligations and duties when faced with harassment, as those obligations have not vanished along with the cubicles and fluorescent lights of the office. If one’s home is an office, there is no such thing as “out of office.” When harassment becomes part of that space — when you can be confronted by lewd pictures or language while on your couch or with your children in the background — it can begin to feel like no place is safe.