Working remotely can offer employees a great deal of personal freedom that they may not have in a traditional workplace. It can be rewarding and enjoyable to work remotely. However, it does not make you entirely free from certain workplace hazards, particularly sexual harassment. Online sexual harassment is very real and can be detrimental to your mental health and job performance. Recognizing and preventing sexual harassment when working remotely in California can be critical.
Recognizing Sexual Harassment When Working Remotely
Sexual harassment happens in the workplace whenever someone you work with does something to you in a sexual manner, be it sexual advances, jokes, threats, or actions, that makes you feel uncomfortable, disrespected, or belittled, creating a hostile work environment for you. That hostile work environment can then affect your job performance, hurt your mental and emotional health, and cause all sorts of undue stress.
Online sexual harassment is no different. It is the same behavior, just behind a computer screen instead of in person. California state law requires all employers who have at least five employees to also provide sexual harassment prevention training and comprehensive sexual harassment education to those employees. Failure to mandate this training can open the employer up to potential claims from the Equal Employment Opportunity Commission, or EEOC, as well as the California Department of Civil Rights.
Recognizing sexual harassment while working remotely can be vital to preserving evidence for your case and reporting the harassment to the right people. To do that, you must first be able to see the harassing behavior for what it is. Here are some helpful signs for recognizing sexually harassing behavior in the virtual workplace:
- Unsolicited Messages: Receiving unwanted messages of a sexual nature can be considered online sexual harassment. These messages can come from your company’s online chat site, social media DMs, comments on company social media posts, blog posts, or even texts from another coworker.
- Sexual Comments and Jokes: It is inappropriate to make sexual comments or jokes in the workplace, so the same should be true for a virtual workplace. No matter who the joke is directed at or about, telling sexual jokes or making sexual comments can be considered offensive and harassing.
- Unsolicited Images: Sending unsolicited sexual images through messaging apps or social media platforms, also called “cyberflashing,” is highly inappropriate and can be considered online sexual harassment.
Preventing Sexual Harassment When Working Remotely
It is not always easy to prevent sexual harassment in the workplace, even if it is happening in a virtual workplace. Still, it is important for fostering a positive work environment that you try to take the proper steps to keep online sexual harassment from occurring. Here are two tips for preventing sexual harassment in the virtual workplace:
- Awareness: The first step to solving a problem is admitting that there is one. Avoiding the topic of online sexual harassment will not make the situation resolve itself. Your employer should encourage respect, transparency, and education in the workplace. They should also inform their workers about the dangers of online sexual harassment and encourage them to strive for respect.
- Guidelines: Having a clear policy against online sexual harassment can help discourage that sort of behavior in the workplace. Having very clear penalties for engaging in online sexual harassment may help deter potential situations in the future. Making sure everybody knows the company policy and possible penalties can help prevent online sexual harassment.
FAQs
Q: Do California Labor Laws Apply to Remote Employees?
A: Yes, California labor laws apply to remote employees if they work for a California employer. California’s labor laws ensure that remote employees, even ones who are working out of state or out of the country for a California company, have the same rights as most California workers who qualify for certain benefits. Remote employees are guaranteed overtime, meal breaks, paid time off, and other benefits that in-person employees doing the same work would receive.
Q: What Are Two Things That an Employer Should Have in Place to Protect Employees From Harassment?
A: The two things that an employer should have in place to protect employees from harassment are a zero-tolerance policy and comprehensive training. It is vital to a stable work environment that employees understand how to recognize harassment as it is happening, know how to report it, and comprehend the penalties for participating in it. Those penalties may be unique to the company at hand, but they should hold harassers accountable.
Q: What Constitutes Harassment in a California Workplace?
A: Harassment occurs in a California workplace whenever a coworker or a supervisor says or does something at the expense of another worker and makes them feel uncomfortable, insecure, or threatened. Typically, this behavior amounts to insensitive jokes, offhand comments, threatening behavior, or physical attacks. In California, it is illegal to discriminate against or harass an employee for their protected class, which includes age, race, sexual orientation, gender identity, disability, and more.
Q: What Is the Required Training for Harassment Prevention in California?
A: California labor laws require every employer that employs at least five people to provide their employees with comprehensive sexual harassment prevention training at least every two years. Supervisors must receive at least two hours of training, while other employees only have to receive one hour of training. Failure to provide this training can make employers liable for harassment claims, should an incident occur under their watch.
Reach Out to a Sexual Harassment Lawyer Today
Dealing with a sexual harassment situation of any kind can be difficult, painful, and frustrating. Online sexual harassment situations are no different. Just because they occur behind a screen, it doesn’t make them any less serious or hurtful. A sexual harassment lawyer can help you work through your options for pursuing legal action against your employer, should you wish to do so.
Diefer Law Group, P.C., understands the kind of legal aid that you may need in this situation. We can assist you with developing your case, gathering all the evidence you may need, and ensuring that you aren’t taken advantage of by your employer during your case. Contact us to schedule a consultation as soon as you are able.
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