Sexual harassment continues to be a significant issue in workplaces across the country. For all the hope instilled by the #MeToo movement, the problem refuses to go away.
The rise in working flexibility, with many working partially or fully from home, cafes or even remote beaches, has spared some victims or potential victims from having to be in daily face-to-face contact with those who might harass them. But many harassers still find ways to get to their targets.
Colleagues and managers can sexually harass others in video calls, emails, project organization tools such as Slack or social media. Other perpetrators may wait to take advantage of off-site events, where staff are required to be physically present, such as a trade show or the annual teambuilding trip. Anyone suffering this away-from-the-workplace abuse by a colleague may be wondering if it’s something they need to deal with alone or whether they can task their employer with dealing with the matter.
Employers have an obligation to act
The law makes it clear that it does not matter where the sexual harassment is taking place. If the employer knows about it or should know about it – and they will if you report it – then they have a duty to act, just as they would if it were happening on their business premises.
It goes further than those in the same company
It’s not just applicable when those within the company are the harassers, either. An employer could also be required to take action if a “non-employee”, such as a client or supplier, were doing the abusing. So, if, for example, a travel agent is sexually harassed on an overseas familiarization trip by someone they are trying to secure the business of, they have a right to expect their employer to take appropriate action.
Employers don’t always take the action steps they should, so legal guidance may be essential to secure the actions you need.
