Sexual harassment in the workplace continues to be a problem. However, increasingly, it’s occurring outside the workplace.
That’s in part because too many people, including harassers, victims and even their employers, are unaware that workplace sexual harassment doesn’t have to occur solely within the confines of the workplace – or even in person. Employers have an obligation to address reports of sexual harassment regardless of where it occurred – and even if it occurred remotely on a Zoom meeting, via email or text or on someone’s social media page.
Harassment often occurs at informal, offsite gatherings
Casual offsite gatherings like company picnics, holiday parties, softball games and volunteer days too often lead to people behaving in a way they might not at work. In fact, many employers no longer have offsite holiday parties – or at least don’t provide free alcohol — because of incidents of sexual harassment and even assault for which they were held liable.
Offsite “team building” days, conventions and other work-related events can also lead to sexual harassment. Employers can even be responsible for dealing with sexual harassment if it occurred at a non-company-related social gathering like an employee’s wedding.
Courts have found that employee sexual harassment outside of work can create a “hostile work environment” for that employee. They may have to see and interact with their harassers when they’re at work. They may also suffer retaliation, especially if the harasser is higher up in the organization than them.
Employers’ obligations
It’s crucial to know that employers have an obligation to investigate any report of sexual harassment by an employee and to take any appropriate disciplinary action based on their findings. If they fail to do so or if they retaliate against an employee for reporting harassment, they can be held liable. Having sound legal guidance can help protect employees’ rights to justice and compensation.