“I’m not wearing any pants...” Quarantine joke, or sexual harassment?
Felice Ekelman and Stephanie Peet, labor attorneys with Jackson Lewis, say many employers believed they wouldn’t have to deal with sexual harassment claims while employees work from home. They were mistaken. Like everything else in the workplace, harassment has adapted to virtual platforms during the pandemic.
“Since people are working inside their homes, some are getting more comfortable and casual to the point where they’re acting unprofessional with colleagues,” Peet says. “That joke about not wearing pants during Zoom meetings is becoming a common complaint, but it’s not the only one.”
Peet and Ekelman say they’ve received complaints about employees wearing pajamas or bathrobes during Zoom calls, and being able to see underwear and unmade beds in the background. Employers are also reporting increases in use of lewd language — possibly stemming from the use of alcohol or drugs during work hours, the attorneys say. Since shelter-in-place orders went into effect in March, one-third of employees have admitted to drinking or using drugs while working from home, according to a survey by alcohol.org.
“Most people probably wouldn’t try drinking at their desk, but you have much easier access to alcohol and other substances from the comfort of your own home,” Peet says. “Being at home creates a casual atmosphere that makes people feel more bold about engaging in unprofessional behavior.”
As employees gear up for an untraditional holiday season, Ekelman says virtual parties are rife with opportunities for workers to cross the line. While office parties and happy hours have always been referenced in workplace harassment training programs, taking them online hasn’t eliminated incidents, Ekelman says.
“At an in-person happy hour, if the conversation takes a turn that makes you feel uncomfortable, you can walk away,” Ekelman says. “But people don’t feel like they can leave virtual happy hours.”
While it’s up to supervisors to steer conversations away from inappropriate topics, Ekelman says employers may want to rethink putting so much emphasis on alcohol if they want to prevent harassment during these virtual gatherings.
“Employers are trying to find new ways to motivate and engage their employees while everyone is working remotely; gifting workers a bottle of alcohol before one of these virtual happy hours is becoming more common,” Ekelman says. “I would caution employers against that, because you don’t want to encourage employees to drink the whole bottle during your event.”
Employers may be confused about how to deal with these kinds of behaviors in a virtual environment, but Peet says the solution is simple: employers need to revisit their policies and enforce them.
“A lot of this is going back to the basics,” Peet says. “Remind employees of your company’s harassment, drug and alcohol and dress policies — and remind them of what happens if they don’t comply.”
Peet and Ekelman say employers also need to be proactive about their harassment training. Using the same training videos from years prior isn’t going to help prevent incidents in the virtual workplace.
“Example scenarios need to be updated to reflect the new normal by including examples of digital harassment,” Ekelman says. “The training needs to be relevant and hit home in order for it to work.”
