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Cupid meets COVID: Harassment threat remains during pandemic

January 2021 employment law letter

The days leading up to Valentine's Day are often the time for deliveries of roses and chocolates all over the office. The holiday for sweethearts also can spark talk of office relationships, which sometimes can turn into headaches for HR. Of course, this year is different. But how different, really? With many offices still empty, flirtatious coworkers aren't so obvious, although they may still be out there harassing coworkers remotely. Certainly, socially distanced colleagues can still cross the line and pose sexual harassment problems.

Guarding against remote threats

With all the worries associated with the pandemic, it's tempting to downplay non-COVID concerns, even adopt an out-of-sight-out-of-mind attitude. But just because those obnoxious employees who are known for making inappropriate comments around the office are now relegated to their home offices doesn't mean problem solved. They may be physically distanced from coworkers, but they're still interacting, just in ways that aren't face to face.

Zoom meetings, phone calls, e-mails, texts, and other forms of communication can be vehicles for sexual harassment. Jeffrey Toobin, a writer at The New Yorker and legal analyst for CNN, provides a prominent example of inappropriate conduct during remote work.

Toobin was fired from The New Yorker after accidentally exposing himself to coworkers during a Zoom call in October. Apparently, he was on two different video calls and didn't realize he was visible on the work-related call, according to a CNN Business report.

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