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The #MeToo movement went viral in October 2017, driving increased awareness of the issue of sexual harassment in the workplace. Many employers were motivated by the national conversation to take steps to prevent sexual harassment. 

In early 2020, the start of the COVID-19 pandemic changed workplaces across the nation, sparking a dramatic rise in remote work. More than three years later, many employees continue to work from home.  

One unexpected challenge employers have had to confront is the changing nature of sexual harassment. In a remote environment, sexual harassment looks different, but it’s still a problem, particularly for employers that may have taken a lax approach to prevention with their employees working from home. 

So, what should employers be on the lookout for? Sexual harassment in a remote environment can stem from text messages, flirty comments over Teams or Zoom messaging, and suggestive emojis, among other things. Many employees would never make such inappropriate comments or advances in person. It’s possible that sending them from the comfort of their home adds a sense of security, allowing many to believe there is nothing wrong with their behavior.  

Employers in Colorado need to keep in mind that preventing sexual harassment is more important than ever with the passing of the Protecting Opportunities and Workers’ Rights (POWR) Act. No longer do employees need to prove that the harassing behavior was “severe or pervasive.” Instead, depending on the totality of the circumstances, these comments can become actionable. 

Regardless of which state an employer is in, it needs to be aware that sexual harassment is not just physical contact but instead can happen by text, email, online messaging, and video calls. Employers should also provide harassment-prevention training for both supervisors and non-supervisory employees. Additionally, it’s vital to ensure that all harassment complaints are taken seriously and thoroughly investigated.  

This Employers Council whitepaper addresses the elements of unlawful harassment, identifies strategies for prevention, and provides guidance for responding to complaints. If you need further assistance or have any questions, please contact our Member Experience Team.