Dealing with hostile work environment claims in a work-from-home world

An October 2020 Forbes.com article on harassment in the work-from- home world identified eight "red flag" signs of misconduct. "Just like the working environment has changed to a home-based environment, so has workplace harassment," the article observed, warning "workplace harassment that follows [employees] into their homes can have devastating impacts on their mental well-being, as well as on their family." As of now, we don't know if the increase in remote working will accelerate the resurgence of hostile environment claims. Yet it almost certainly will alter how you investigate and defend them and, more important, how you modify your policies and train to prevent wrongful conduct irrespective of location.

Decentralized hostile workplaces

The Equal Employment Opportunity Commission (EEOC) advises a hostile work environment occurs when severely or pervasively offensive conduct based on sex, race, or another legally protected classification exists. If the unwelcome conduct is of lesser severity, it must occur frequently. Alternatively, a single occurrence can constitute harassment if it's particularly severe.

Either way, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people and negatively affect work performance.