People often associate the sexual harassment of employees with behavior that occurs in the workplace. However, it can happen anywhere – and not always in person.
With more employees working remotely, employers have had to expand their sexual harassment policies to cover actions and speech that occur online, via text and over the phone. Sexual harassment can also take place when employees are together outside the workplace. In fact, many employers have stopped having offsite work parties – particularly those with free alcohol — because of cases of inappropriate and even abusive behavior.
Harassment at off-site events
Work trips, company picnics and other off-site events can be problematic. The combination of alcohol (whether provided or brought in), a relaxed atmosphere and minimal clothing can lead people to engage in unwanted touching, comments and worse. The same can be true for company softball games, charity runs and other casual work-related events.
What’s important for both employees and employers to know is that sexual harassment by a fellow employee (regardless of their place in the organizational structure) is prohibited, whether it occurs in the “workplace” or not. A lot of sexual harassment, for example, occurs at conferences and other off-site events.
Social media harassment is still harassment
Harassment via social media is also prohibited. For example, the Equal Employment Opportunity Commission (EEOC) ordered one employer to pay $1.6 million. The employer failed to take action when some of its employees harassed a co-worker with a disability on that employee’s blog.
If employees engage in illegal harassment or discrimination against each other, it can lead to a “hostile work environment.” This is true even if the behavior happens outside of work, as the affected employee still has to face their harassers at the workplace.
Employers’ obligations
That’s why employers have an obligation to investigate any report of sexual harassment by an employee – regardless of where or how it occurred – and to hold those who engage in this behavior accountable. If they fail to address a report of harassment or look the other way, they can be held liable by the harassment victim. They can also, as noted, be subject to regulatory penalties.
If your employer has failed to address a report of sexual harassment or has retaliated against you for reporting it, don’t give up. You can secure legal guidance to protect your rights and seek justice and compensation.
