Tackling Harassment in a Post-COVID Work Environment

COVID-19 disrupted nearly every workplace and forced businesses to make swift adjustments. The pandemic gave rise to the number of people working from home or in more distanced and isolated work environments. Given this new norm, one would assume that less interaction would mean fewer instances of harassment. But that may not necessarily be the case.

While some sources suggest that harassment numbers are down based on the number of reports made, there may be other factors contributing to that decline. According to employment lawyer and founder and CEO of NotMe Solutions, Ariel Weindling, it may be more likely that harassers are less prone to harass virtually since virtual meetings and online messages can be easily recorded providing evidence of their misconduct. On the flip side, Weindling suggests the possibility that employees may be more hesitant to report harassment if they fear losing their job amidst the current economic downturn. 

Harassment may have simply found a new slope on which to slide. For some, it may be easier than ever to share suggestive or harassing comments, jokes, videos or memes in a new, more virtual environment. Harassers can often feel emboldened by a lack of in-person accountability. While others may inadvertently play a role in making someone feel harassed. At home, we are in a more relaxed state and this can lead to some employees displaying less-than-professional behaviors or attire even if they don’t intend to -- ever thought your camera or microphone were off during a video call and they weren’t? Electronic communications can also be difficult to interpret someone’s tone or intentions. What someone intended may not be the way it is ultimately perceived through electronic communication, and the perception of that communication may vary greatly from person to person. Harassing behavior can be a direct action but also an intentional lack of action. Joni Hersch, Cornelius Vanderbilt Professor of Law and Economics and Research Fellow of IZA World of Labor, gives one such example. She states, “…unlike in-person meetings, it can be fairly easy for those in higher positions to undermine their target’s work performance by “accidently” muting, talking over or excluding them from Zoom calls.” With that in mind, there are plenty of scenarios in which someone could easily blame technology on their subtle harassing behavior. 

While some of us will continue to work from home, what does the future look like for the majority of OP&P professionals who have already returned to caring for patients in person? Will a smaller and more socially distanced workforce open the door for harassers to engage in misconduct given there are fewer witnesses to deter, report or reject such behavior? These are all important questions to ask as we consider how to approach workplace harassment going forward. Beyond harassment among employees, it’s also important to consider the potential for harassment between employees and vendors, contractors or patients who aren’t required to adhere to your business’s code of conduct. Employees should be equipped with the knowledge of how to avoid, minimize, handle and report any harassing behavior from these groups. 

What if an employee (or patient for that matter) doesn’t speak up? How can you know for sure that someone is being harassed? Some signs might include the person becoming more withdrawn (from everyone or their harasser), participating less or showing a decline in work or work quality. Managers and HR employees should be checking on employee wellbeing on a regular basis and keeping an eye out for any warning signs. 

It is important to remember that despite being further apart from each other or even completely isolated if working from home, harassment is still a serious workplace issue that we all play a role in preventing. Understandably, workplace harassment hasn’t been the focus of the past year, but we can’t let down our guard and forget how much this behavior can greatly affect individuals and businesses.

 

Take these 10 suggested steps to help create or revamp your business’s anti-harassment policies.

(Modified content from Maria Strauss, a leading employment and safeguarding partner at Farrer & Co.)

  1. Consider the risks and scenarios mentioned above and determine whether your business is now more susceptible due to Covid-19.

  2. Reflect on the reasons why someone might not speak up about harassment, such as “I didn’t think anyone would do anything” or “I didn’t know it was harassment.”

  3. Review the following: 
  4. Ensure HR has a visible presence in your business despite any changes to work practices. 

  5. Ensure everyone, including third parties, knows how to raise concerns and what will happen once they do.

  6. Help management continually express to employees (from interview to last day on the job) that harassment is not tolerated.

  7. Consider carrying out bystander training to show employees how to safely challenge inappropriate behavior when they see or hear it and how to escalate concerns.

  8. Support employees and management in reporting cases to the police. Consider the many organizations who don’t report such matters and are accused of a “cover-up”.

  9. As always, take concerns and allegations seriously, whether online or in the physical workspace, and investigate properly in line with procedure. Responding to concerns and allegations is critical to ensuring that workers have the confidence to raise them, leading to a safer and more transparent culture.

  10. Finally, listen and act on rumors: as simple as asking “are you okay?”


REFERENCES: 

Elsesser, Kim. (2020, Dec. 21) Covid’s Impact On Sexual Harassment. Forbes, Retrieved April 29, 2021, from  https://www.forbes.com/sites/kimelsesser/2020/12/21/covids-impact-on-sexualharassment/?sh=4d80d3e9348a.   

Hersch, Joni. (2020, Dec. 14) Sexual harassment in the post-Covid-19 work environment. IZA World of Labor. Retrieved April 29, 2021, from https://wol.iza.org/opinions/sexual-harassment-in-post-covid-19-workenvironment. 

Pinkos Cobb, Ellen. (2020, April 28) Sexual Harassment in a Changing Workplace: Through the Context of Culture and COVID-19. SAI Global Blog. Retrieved April 29, 2021, from Sexual Harassment in a Changing Workplace: Through the Context of Culture and COVID-19 (sai360.com).

Strauss, Maria. (2020, October) Sexual harassment in a pandemic: why staff are more vulnerable. Personnel Today, Retrieved April 29, 2021, from https://www.personneltoday.com/hr/sexual-harassment-ina-pandemic-why-staff-aremore-vulnerable/.

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