Oftentimes when people think of sexual harassment in the workplace, they imagine a person facing unwanted sexual advances, usually in the form of touching. A story involving the New Yorker though, has shown that sexual harassment can happen anywhere and through any medium.
It was early in November when Jeffrey Toobin, a writer at the popular magazine, exposed himself over a Zoom call with colleagues. Toobin claimed the incident was an accident and that he did not believe his co-workers could see him. In a memo, the company stated that their investigation was complete and that Toobin had been fired.
The story is an important one, particularly as more people continue working from home. It shows that sexual harassment can happen virtually, and that employees still have rights when it occurs.
The Increase of Virtual Sexual Harassment
The COVID-19 pandemic has sent people throughout California, and the rest of the country, into their homes to slow the spread of the virus. The change has meant people have had to adjust to working remotely using Zoom, emails, and other methods of working to get their job done while staying safe. Working remotely has presented many different challenges for workers and now, sexual harassment is among them.
Unfortunately, the problem of virtual sexual harassment is nothing new. In 2017, years before the pandemic began, the Pew Research Center found that nearly 41% of people had been the victim of sexual harassment. It is critical that all employees understand that virtual sexual harassment does occur more often than they think, and how to recognize it when it happens.
Recognizing Virtual Sexual Harassment
Sexual harassment is difficult to recognize when people are physically together in a workplace. So, how can employees recognize when it is occurring virtually? Some of the most common forms of sexual harassment include:
● The use of inappropriate messages, including emojis
● Sharing sexually explicit photos without consent
● Using gender-based or sexually derogatory terms when referring to the victim
● Online stalking
● Demanding the use of video calls after work hours
● Refusing to comply with the dress code during video calls
Virtual sexual harassment does not only occur during video conferences and calls. Inappropriate social media posts, text messages, and emails are all also considered virtual sexual harassment. Title VII of the Civil Rights Act prohibits sexual harassment of any form from occurring in the workplace and today, this includes virtual behavior. Victims of virtual sexual harassment should always speak to a lawyer that can help with their case.
