Sexual Harassment and Remote Work

Many of us began working from home during the COVID-19 pandemic. Some eventually went back to an in-person office setting. Others maintained a remote or hybrid work schedule. Reports in 2025 indicate we have about 32.6 million remote employees in the United States.

This virtual environment brings with it new challenges and considerations. But your rights to a harassment-free workplace haven’t changed. While sexual harassment might look a little different in our new workspaces, the issue remains a problem.

If you suspect you’re experiencing sexual harassment as a remote employee, it’s highly advisable that you speak with a sexual harassment or employment lawyer. They can help you understand the remedies and protections available to you at this uncharted time.

In this article, we’ll explore sexual harassment in this new virtual environment and some principles to keep in mind. Let’s start with a review of workplace sexual harassment.

Sexual Harassment

Sexual harassment is a form of sex discrimination. It involves unwelcome behavior of a sexual nature or based on sex/gender, and it creates a hostile or intimidating work environment. The unwanted conduct can be verbal, physical, or visual.

Because remote work typically involves physical separation, physical sexual harassment is generally not possible in a purely remote setting. But, unfortunately, other kinds are.

There are two main types of workplace sexual harassment. Both can occur in a remote work setting.

Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment involves employment decisions. It occurs when someone in a position of power offers or demands sexual favors in exchange for a job benefit. This could be a promotion, a raise, or just not getting fired. If the targeted employee refuses, they might face negative consequences, like termination or demotion.

For example, a manager suggests that an employee go on a date with them in exchange for a positive performance review.

In a remote environment, a supervisor might use a messaging platform or chat app to pressure a subordinate into a sexual relationship to get a promotion or favorable work assignments.

Either way, this is quid pro quo sexual harassment.

Hostile Work Environment Sexual Harassment

Hostile work environment is the other kind of workplace sexual harassment. This type of harassment occurs when the unwelcome behavior is so frequent or severe that it creates an intimidating, hostile, or offensive work environment.  

This type of harassment doesn’t have to be directed at the person feeling harassed. And it doesn’t have to come from someone in a position of power. Hostile work environment harassment can be from co-workers or clients too.

For example, Morgan constantly tells a co-worker they’d get more clients if they dressed sexier and that they’re too hot to be sitting at a desk.

In a remote setting, hostile work environment harassment might look a little different. It could involve:

• Making inappropriate comments during video calls
• Sending explicit content through email
• Cracking sexual jokes during virtual meetings

Taylor, for example, frequently sends a colleague unsolicited memes with sexual innuendos. These make Taylor’s colleague uncomfortable, and Taylor ignores their pleas to stop. So, the colleague has started avoiding video calls and muting chats.

Sexual harassment of either kind generally interferes with a person’s employment and/or their work performance. And it can affect anyone, regardless of gender.

Does Sexual Harassment Always Involve Sexual Advances?

No. Sexual desire sometimes plays a part in sexual harassment, but it doesn’t have to.

Sexual harassment also includes unwelcome behavior based on sex/gender. This includes:

• Sexual orientation
• Gender identity
• Pregnancy

So, derogatory comments about someone’s homosexuality, for example, could be hostile work environment harassment if they’re so severe or frequent that they create an intimidating, hostile, or offensive work environment.

For quid pro quo harassment, the unwelcome conduct needs to be tied to employment decisions. So, it would also be sexual harassment if a boss tells a transgender employee they can keep their job if they dress according to their biological sex rather than their gender identity.

This is no different in a remote environment.

Is Virtual Sexual Harassment Illegal?

Generally, yes.

Title VII of the Civil Rights Act of 1964 is the main federal law that prohibits employment discrimination based on sex and other protected characteristics. Its ban on sex discrimination includes sexual harassment.

Title VII applies to U.S. employers with 15 or more employees. Not only does Title VII prohibit these employers from engaging in sexual harassment. It also requires them to prevent and address workplace sexual harassment. They must:

• Quickly and fairly investigate sexual harassment complaints
• Take prompt action to stop the harassment and prevent its recurrence
• Prevent retaliation against people who report harassment and discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) enforces these Title VII obligations.

EEOC Guidance

The EEOC explicitly addresses virtual harassment in its updated guidance. Its guidance clarifies that employers are still responsible for preventing and addressing harassment in remote settings. It also strongly encourages employers to have clear policies addressing sexual harassment.

State Law

Many state laws offer stronger protections against workplace sexual harassment than Title VII. For example, New York law applies to all employers in the state. It also requires:

• Sexual harassment policies
• Annual sexual harassment prevention training
• Protections for independent contractors, freelancers, and domestic workers

At a minimum, however, employers with 15+ employees in all states must comply with Title VII.

Remote Work Environments

While sexual harassment is prohibited in the remote workplace, the lack of traditional supervision emboldens some to engage in inappropriate behavior. The virtual environment actually supplies several new vehicles for this form of harassment.

Inappropriate Messaging

We now see unwelcome comments sent via text message and on platforms like Slack or Teams. If they’re of a sexual nature or based on sex/gender, they may rise to the level of sexual harassment.

For example, after learning that Chris is pregnant, Shay starts sending Chris messages through the company’s chat platform. These messages include jokes about pregnancy and questions about Chris’s ability to continue working while pregnant. These make Chris feel uncomfortable and singled out.

Video Calls

During video conferences, a team member might make inappropriate comments about another person’s appearance or engage in behavior that is sexually suggestive. This can be particularly unwelcome because it happens in real-time and can be witnessed by others.

Social Media

Social media provides yet another platform for workplace sexual harassment.

Let’s say a remote worker is developing a client relationship on a professional social media account. But the client soon starts leaving inappropriate messages on the employee’s posts, sending unwanted private messages with flirty remarks, and tagging the employee in suggestive memes. Despite the employee’s attempts to maintain professionalism, the client’s behavior continues.

Clearly, the absence of a physical environment doesn’t eliminate the possibility of remote sexual harassment.

What Can You Do?

If you suspect that you may be a victim of sexual harassment, there are several steps you can take. Many of them are time-sensitive. So, consider speaking with an attorney sooner rather than later.

In the meantime:

Document Everything

Keep detailed records of the unwelcome behavior. Collect communications like emails, text messages, and other related communications. Documentation of any attempts to stop the unwanted behavior can also be helpful.

Government Agency Charges

In most sexual harassment cases, you’ll need to file a charge with the EEOC before you can sue. State law may also require that you file with state agencies to preserve certain claims.

Internal Reporting

In some cases, your human resources department may be able to help. But if you fear retaliation or lack trust in the internal complaint process, going directly to the EEOC might provide you with protections.

For these and other strategic reasons, you’ll likely want to touch base with an employment attorney before taking action.

Getting Legal Advice

Government agencies may not be able to provide you with the remedies you’re seeking. But filing with them is often necessary to preserve your rights to pursue certain harassment claims. These agencies typically work with strict deadlines.

As such, you’ll want to consult with an attorney as soon as possible. You can share the specifics of your situation with them confidentially. They can help you sort through your options. The recourse and protections available to you will depend heavily on your circumstances and jurisdiction. So, an employment or sexual harassment lawyer who’s experienced with the laws in your state will be invaluable.

Fortunately, FindLaw’s directory of sexual harassment attorneys and employment law attorneys is arranged geographically. Just click on your state, then city to view contact and ratings information for local experts. Many offer free consultations.

Whatever you decide to do, enlist the help of a trusted advisor to advocate for your rights and well-being. They just might be your most important ally at this critical time.