Harassment may take a variety of forms. Calling attention to a person’s speech patterns, modes of dress, or physical appearance could all be considered harassment. While many thought that remote work would result in fewer incidents, working from home seems to have increased workplace harassment. According to a survey result published by Rights of Women, a British charity, “Covid-19 has seen women experience an upsurge in online sexual harassment whilst working from home, as harassers take advantage of online work platforms and social media during the pandemic.”

Employer obligations regarding workplace harassment

Although the survey is only about sexual harassment encountered by women, employers should be aware that harassment is not always necessarily sexual in nature, and it could happen to anyone while working from home. Ontario employers are obliged to provide healthy and safe working environments for their employees, and deal with workplace harassment under the Ontario Occupational Health and Safety Act (“OHSA”) – or the Canada Labour Code if federally regulated. The OHSA defines workplace harassment as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. This definition includes, but is not limited to, sexual harassment. As the OHSA defines a workplace as any land, premises, location, or thing at, upon, in or near which a worker works, it actually may include employees’ home or any place from which they are working remotely.

As such, remote working may render the definition of workplace less important, while employers bear the same obligations to deal with harassment via Zoom, Teams, or even emails or phone calls. However, the line between workplace harassment and non-workplace harassment may be blurred in a remote working scenario. This may prove challenging to employers as their existing policies and practices could be insufficient in dealing with these new forms of harassment.

5 ways employers can protect employees from workplace harassment in the age of remote work

Since employers have a duty to provide a healthy and safe working environment, there are a few things employers should do to protect employees and fulfil their statutory obligations.

1. Update workplace harassment policies: Employers should consider updating existing workplace harassment policies to clearly include online harassment behaviours, laying out typical examples, and establishing responsive protocols to process harassment complaints.
2. Communicate with employees: It is important to educate employees about workplace harassment including online harassment in a remote working scenario, informing them of their rights, what is acceptable, and what is not.
3. Establish clear policies and procedures: Employers should outline clear technical solutions regarding online harassment. For example, the host of a Zoom meeting may kick a harasser out; the IT team may monitor, filter, or block emails or messages that contain unwelcome contents; employees may have separate virtual working phone numbers to avoid giving out their personal phone numbers. Consider having employees review a guide that explains the policy and sign the document.
4. Establish work-life boundaries: Draw a clear line between working hours and non-working hours and stick to it. This may help to separate workplace harassment and non-workplace harassment, especially that between colleagues, in a remote working scenario. Ontario’s recent
5. Set a good example: Employers should create an inclusive workplace culture that is accepting of diversity. It is important that employers establish supportive environments recognizing that, while there may be differences, it is the commitment to shared goals and teamwork that are critical to their interactions. From team leads through to upper management, organizational leaders should be trained in ways to correct and redirect actions that can cause significant discomfort and embarrassment.

Workplace harassment should not be ignored. Avoidance or delayed action could result in more serious and costly issues within any organization. When we are brought in for investigations costs begin in the thousands and could easily grow beyond $100,000.00. Practicing prevention and creating a positive workplace culture goes a long way to avoiding such costs.

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