Can Remote Workers Sue for Sexual Harassment?

Working from home should feel safe, but for many remote workers, the virtual workplace has become another setting for harassment and discrimination. If you’ve experienced unwelcome behavior in emails, video calls, or messages, you’re not alone—and you have rights. This blog is here to help you understand the legal protections available to remote employees and the steps you can take to hold employers and harassers accountable.

Although the environment has changed, the law remains clear: sexual harassment, whether in-person or online, is illegal. Employers have a responsibility to foster a safe workplace, even in a remote setting. By knowing your rights and taking action, you can ensure that the virtual workplace doesn’t become a place where harassment thrives unchecked.

What Does Sexual Harassment Look Like for Remote Employees?

Sexual harassment in a remote work environment may look different from traditional office settings, but it is no less harmful or unlawful. The digital workplace has introduced new ways for inappropriate behavior to occur, often through the very tools that make remote work possible. 

Inappropriate Messages

Inappropriate messages are one of the most common forms of sexual harassment for remote employees. These can include sending sexually explicit or suggestive emails, texts, or direct messages, as well as making unwelcome comments about someone’s appearance or sharing sexual jokes in work-related chats. 

Even seemingly subtle actions, such as using inappropriate emojis, memes, or images with sexual undertones, can create a hostile and uncomfortable work environment. These behaviors, while often disguised as informal or joking, are serious violations of workplace norms and legal protections.

Harassment During Virtual Meetings

Harassment during virtual meetings can take many forms, creating discomfort and a toxic work environment even in a digital setting. This includes making inappropriate comments or jokes during video conferences, displaying sexually suggestive backgrounds, attire, or behavior on camera, or using private messaging features to send unwelcome or suggestive content during meetings. 

Sharing Unsolicited Content

Sharing unsolicited content is another way sexual harassment can manifest in remote work environments. This includes sending explicit photos, videos, or links through work communication platforms without consent, as well as sharing inappropriate or sexually suggestive material under the guise of humor or informality. These actions are not only unprofessional but also create a hostile work environment by making employees feel uncomfortable, disrespected, or unsafe in their digital workplace.

How to Address Harassment Remotely

These behaviors can create a toxic work environment, even when employees are miles apart. Remote workers may feel isolated or hesitant to report harassment because they are not in a physical office where misconduct is visible to others. However, legal protections against either subtle and overt sexual harassment apply equally to remote and in-office workers.

If you’re experiencing any of these behaviors, know that you’re not alone, and you have options. Employers are required by law to address harassment, even in remote settings. Keep a record of inappropriate incidents, and don’t hesitate to reach out for support from HR or a legal professional.

Why Title VII Applies to Remote Workers

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits workplace discrimination based on race, color, religion, sex (including sexual orientation and gender identity), or national origin. It applies to employers with 15 or more employees, as well as labor unions and government agencies.

While there is no specific clause that explicitly refers to “remote workers”, there are some key points that are highly applicable in these cases.

Definition of Workplace

Title VII prohibits discrimination, including harassment, that affects an employee’s terms, conditions, or privileges of employment. This protection applies to all employees working for an employer, whether they are in a physical office or working remotely.

Employer Responsibility

Employers are responsible for ensuring a workplace free from discrimination and harassment, including virtual workspaces. A “workplace” under Title VII is not limited to a physical office and can include any location where work-related interactions occur, such as video calls, emails, or messaging platforms.

Federal Interpretation

Courts and the Equal Employment Opportunity Commission (EEOC) interpret Title VII to apply to remote work situations. If harassment occurs through digital communication or during virtual meetings, it is still considered workplace harassment under the law.

Are Remote Employees Eligible to Sue for Sexual Harassment?

Yes, remote employees can sue for sexual harassment under the same laws that protect in-office workers. Sexual harassment can occur in virtual settings through inappropriate emails, messages, or behavior during video calls. Employers are legally obligated to provide a safe work environment, even in remote settings, and to address any harassment complaints promptly and effectively.

Experiencing harassment can be deeply upsetting and challenging to navigate. If this has happened to you, it’s important to know you’re not alone. When you’re ready, reach out to a compassionate and experienced California employment attorney, like Lawyers for Justice, PC. With over a decade of experience handling sexual harassment cases, we understand how difficult this process can be, and we’re here to fight for the justice and resolution you deserve.. We’re available 24/7 for free case consultations, call us now at (213) 772-5010 to receive help.