Economic liberalization has helped women enjoy education and avail of several job opportunities around the globe. From entry-level jobs to top-tier authorities of a company, women now hold almost all kinds of powerful positions in the corporate world. However, although they are finally able to step out of their homes and enjoy these benefits, this has also made them more vulnerable to inapt activities like sexual harassment at the workplace.
While there are number of laws that govern matters of sexual harassment at workplace, a common question asked nowadays is ‘what about sexual harassment in a digital or remote workplace?’
Before diving into this question, let us first familiarize you with what exactly falls under sexual harassment in a remote workplace.
Sexual Harassment in a Digital/Remote Workplace
Sexual harassment in a digital/remote workplace refers to any kind of harassment related to an individual’s gender or sexuality that is conducted online when working or by remote workers. This includes harassment performed using online resources such as Slack, Microsoft Team, Zoom, text messages, and emails.
Sending sexual messages or indecent images, sending messages or images about the individual’s sex or gender that can make them feel uncomfortable and unsafe about the contents communicated fall under sexual harassment in a remote or digital workplace. In addition, indecent or unwanted advances using remote workplace resources also falls under such kind of sexual harassment.
Types of Sexual Harassment at Digital/Remote Workplace
- Unsought distribution of uncensored/inappropriate images of any individual.
- Sexist remarks during a conference call, video conferencing or a one-on-one discussion, be it for an individual or targeted at an entire group.
- Inappropriate and suggestive remarks or requests sent to others through chat, private messages or calls.
- Jokes, memes, or other similar things shared through remote workplace resources or private messages that are sexual or of a sexual nature. This includes any content that is sexually explicit as well.
- Intentional display of or refusal to remove any suggestive and explicit images or products that are visible in the frame during video conferencing.
- Sending any intimate and/or inappropriate texts.
It must be noted that sexual harassment is not limited to just the four walls of the workplace that an individual is working in. Any unwanted inappropriate behavior towards an individual at any place visited by them for or during the course of their employment shall fall under sexual harassment. Some common examples of such places are cabs, cafeterias, conferences, sports rooms, etc.
Difference Between Sexual Harassment at Workplace & Remote Workplace
Remote sexual harassment basically creates an uncomfortable work environment through different means of online communication. While in-person sexual harassment is usually carried out face-to-face and involves casual or suggestive remarks or inappropriate physical contact, remote sexual harassment involves using technology to communicate the harasser’s intentions.
Although sexual harassment cases were first categorized on the ‘he said-she said’ basis, victims can now present proof of the abuser’s inappropriate acts and ensure they face adequate consequences for their actions. Besides, if the proof is not clearly visible or has been deleted, computer forensics are now available to help employers find out the crux of the matter and take the necessary action against the defaulter.
How can Employers Protect Employees from Sexual Harassment in a Digital/Remote Workplace?
Employers can take several steps to safeguard their employees when they are working remotely. However, this can only be done if employers decide to change their policies and keep up with the work-from-home concept.
Besides, even when employers do lay down strict guidelines against sexual harassment in their policies, they fail to fulfill the basic aspect of informing all employees that the policy shall be in effect when working remotely for the organization as well. In addition, employers often also miss out on creating an apt reporting process for employees working remotely.
Steps Employees Should Take When Experiencing Sexual Harassment in a Digital/Remote Workplace
Reporting the Sexual Harassment
When experiencing sexual harassment in a digital/remote workplace, employees must report the incident to their manager and/or to the organization’s human resources department. Organizations must be told or made aware about sexual harassment incidents in the company that can make them the liable entity for the same.
Documenting the Sexual Harassment
Having evidence against the individual sexually harassing you can help strengthen your requests and help prove your claims. As such, the documentation prepared as evidence in such cases must include:
- The time and place where incidents related to harassment took place. This includes the name of the social media platform, website or any other channel used by the harasser; it will help forensic experts retrieve valuable information related to the incident.
- Details of the incident that occurred or statements that were made, including any pictures that were received/found by the victim.
- Details of individuals present or those who witnessed the incident take place.
Once the documents have been prepared, adhere to the company’s process to report harassment cases. If you don’t know who and how to communicate the details of sexual harassment, it is advised to approach your immediate supervisor or the human resources department of your company. If there is no human resources department in the company, you must report details of such cases to your supervisor or immediate senior in the reporting chain.
Digital/remote workplace sexual harassment is still sexual harassment, and every employee has the right to work in a safe environment. Although saving the unwanted harassment-related images or messages, it is very helpful to have them with you to ensure the perpetrator is appropriately judged for their actions.
Does Remote Workplace fall under the Scope of the POSH Act?
When discussing whether the remote working setup falls under the scope of the Prevention of Sexual Harassment (POSH) Act, the best way to find the answer is to apply the provisions of the Act to the challenges faced by women in remote working setups. As such, when discussing, the following three points must be considered:
- Do different forms of non-physical harassment that may take place when working from home fall under the scope of the Act?
- Does digital/remote working or work-from-home setup fall under the definition of the term ‘workplace’ as defined in the POSH Act?
- Do redressal mechanisms include digital/remote working setups?
Internal Complaint Committee
The Internal Complaints Committee (ICC) is a mandatory committee that must be duly created by the employer in their organization. In case the employer has several branch offices, each branch must have an ICC to deal with matters relating to sexual harassment.
Conclusion
It is the employer’s responsibility to create a workplace environment that is hostility-free. However, they must also ensure that when such unwanted incidents occur in their organization, they are aptly capable of handling such matters and are not left confused due to lack of appropriate policies. Besides, they must also lay down policies that cover digital/remote working to ensure they are capable of providing a safe working environment even when an employee chooses to work-from-home.
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