The New Face Of Harassment In Remote Work

Updated EEOC guidance calls for stronger remote harassment policies and inclusive digital workplace practices

As remote work becomes a continuing fixture of the U.S. workforce, the nature of workplace harassment is evolving. Traditional definitions—often grounded in physical office dynamics—no longer capture the full range of behaviors that can create hostile environments in virtual settings. Recognizing this, the Equal Employment Opportunity Commission (EEOC) released its updated Enforcement Guidance on Harassment in the Workplace in 2024 to help employers and employees navigate harassment in both physical and remote workplaces.

For employers, understanding how harassment manifests remotely—and taking proactive steps to address it—is critical. Below, we explore real-world remote work scenarios that can constitute harassment, as well as best practices for training, prevention, and investigation.

What Does Harassment Look Like in Remote Work?

Harassment in remote environments can be just as pervasive and damaging as in-person conduct. It often appears through digital mediums, and its subtlety can make it harder to detect, report, or correct. Common remote-specific scenarios include:

1. Inappropriate Comments During Virtual Meetings

An employee makes repeated jokes or comments about a colleague's background visible in a video call—for example, remarking on cultural decorations, religious symbols, or a colleague’s attire in a way that reinforces stereotypes or sexualizes their appearance. Even off-hand comments remarking on a coworker’s bedroom seen behind a Zoom screen can cross boundaries, especially when directed at women or in a sexualized context.

2. Discriminatory or Offensive Messaging

Messaging platforms like Slack, Teams, or Zoom chat can become channels for inappropriate behavior. For instance, sharing memes that demean a particular race, gender, or age group—even under the guise of humor—may contribute to a hostile work environment. Harassment does not require intent; repeated exposure to such conduct, even passively, can be unlawful if it is severe or pervasive.

3. Exclusion From Virtual Workspaces

Harassment is not always overt. Exclusion from group chats, video calls, or project discussions can also constitute discriminatory behavior, particularly when the exclusion is targeted based on a protected characteristic like disability or religion. For example, consistently scheduling important meetings outside of the hours that accommodate a religious observance could be viewed as discriminatory.

4. Cyberstalking or Cyberbullying

Remote work can blur professional boundaries. An employee who receives late-night messages or is repeatedly asked to turn on their video—despite valid reasons not to—may feel intimidated or surveilled. Similarly, if a manager singles out an LGBTQ+ employee for increased scrutiny or repeatedly comments on their appearance or home, it could be considered harassment.

5. Unprofessional Use of Backgrounds and Filters

While virtual backgrounds and filters are often used playfully, they can easily become tools for mockery or offensive behavior. For instance, using backgrounds that depict racial or cultural stereotypes or filters that caricature genders can create discomfort and open employers up to liability.

What the EEOC Recommends

In its 2024 guidance, the EEOC underscored that harassment in remote workplaces is no less serious than in traditional offices. Employers are responsible for addressing misconduct that occurs through work-related platforms or otherwise impacts the work environment.

Key takeaways from the EEOC’s guidance can include: 
 

• Expand harassment definitions in company policies to include virtual interactions.
• Clarify that all work-related digital communications—chats, emails, video meetings—fall within workplace boundaries.
• Implement prompt and effective investigation protocols, even when the misconduct occurs in digital formats.

Employer Strategies for Prevention and Response

To remain compliant and foster a respectful remote culture, employers should:

1. Tailor Harassment Training for the Remote Environment

Generic anti-harassment training is no longer sufficient. Employers should develop remote-specific modules that address digital etiquette, implicit bias in communication, and remote reporting procedures. Include realistic scenarios that employees can relate to.

2. Create Safe and Accessible Reporting Channels

Employees should know exactly how to report harassment—anonymously if needed—and trust that their claims will be taken seriously. Consider third-party platforms or digital hotlines that preserve confidentiality and are easy to access remotely.

3. Set Clear Expectations for Communication

Define norms for video meetings, messaging tone, and availability. Encourage inclusive behavior, such as rotating meeting times for different time zones and discouraging unnecessary video-on policies that can lead to privacy issues.

4. Be Proactive in Monitoring Culture

Regularly check on employee satisfaction and inclusion through anonymous surveys. Look for patterns of disengagement or turnover that may indicate underlying cultural or interpersonal issues.

Conclusion

Harassment does not disappear with distance. In fact, the virtual workplace introduces new avenues for misconduct—and new challenges for detection. Employers must evolve their strategies to ensure a safe, inclusive, and respectful remote work environment. By aligning with EEOC guidance and recognizing how harassment manifests in remote settings, organizations can better protect their employees and promote a culture of equity, no matter where work takes place.

Suggested Reads

1. Workplace Harassment Prevention: From Legal Risk To Cultural Change
2. Harassment Isn’t History: Why It Still Thrives In Modern Workplaces
3. Looking Beyond Diversity: Understanding Systemic Discrimination Against Women In The Workplace

Kathleen M. Cruz is Senior Counsel in Dykema’s Labor & Employment practice group. She represents clients across Texas and the U.S. in employment, complex commercial litigation, and product liability disputes. She is experienced in handling all aspects of civil litigation, from inception to trial, and represents domestic and international companies in state and federal courts. Kathleen has experience advising clients and handling litigation in employment matters under the Texas Labor Code and Title VII, the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Occupational Safety & Health Act (OSHA), and represents clients across an array of industries. She serves as committee co-chair with the Dallas Association of Young Lawyers and is an active member of the Dallas Asian American Bar Association.