Most of us are familiar with online bullying and harassment. It can show up as inflammatory comments on social media, abusive text messages, or even more extreme forms of harassment such as doxxing. However, so-called cyberbullying and online abuse aren’t necessarily unique to our social lives – they can happen in the workplace, too.
In remote and hybrid settings, bullying and harassment can be more difficult to detect and address. Experiencing inappropriate conduct from a colleague or manager while working from home can be particularly distressing, with significant impacts on well-being, workplace culture, and overall productivity.
As remote work becomes more common, it is important to be prepared to address these risks. Employers have a legal obligation to provide a safe work environment and clear policies for both preventing and responding to these issues, regardless of where work is performed.
Signs of Bullying and Harassment in Remote Settings
Bullying and harassment in a remote environment may present differently than in traditional workplaces. While physical intimidation is less likely, other forms of inappropriate conduct can be just as harmful. Examples of remote workplace bullying and harassment may include:
- Singling out an employee during meetings without prior notice or justification
- Excluding an employee from key meetings, communications, or decisions
- Publicly reprimanding or undermining an employee in virtual settings
- Spreading gossip or malicious rumours through email or messaging platforms
The nature of remote work can make bullying more difficult to identify and address in a timely manner. Unlike in-person environments, there may be fewer witnesses, and private communications, such as emails, direct messages, or video calls, can limit visibility. The absence of physical cues can also make it harder to recognize when issues are arising.
In some cases, this conduct may amount to discrimination if it is connected to protected characteristics such as race, gender identity, sexual orientation, or marital status.
Steps Employers Can Take
Regardless of the nature of the alleged bullying or harassment, any reported or observed concern must be addressed appropriately by the employer. In many cases, this will require conducting an investigation to determine the nature and extent of the situation.
The exact structure of workplace investigations can vary, and employers may develop their own specific processes. If you’re unsure where to start, resources from WorkSafeBC provide helpful guidance, including an investigations guide to support the process.
Below is a general framework for responding to bullying and harassment incidents.
- Implement clear policies and procedures
Regardless of whether your workplace is brick-and-mortar or remote, a well-drafted bullying and harassment policy is the foundation of prevention and response. Employers are required to have a policy that clearly identifies expected behaviour for employees, along with procedures outlining the steps that will be taken if those standards are breached.
Employers should ensure their policies identify:
- Examples of bullying and harassment in the workplace
- Employer responsibilities for documenting and reporting suspected bullying and harassment
- Steps that the employer will take to address the issue
- Who will be involved in addressing the issue, including roles and responsibilities
Part of building a positive culture is ensuring policies are clear and accessible, setting expectations, and providing a roadmap for addressing concerns should they arise.
- Meet with involved parties
Before beginning a formal investigation, employers should first speak with those involved to determine whether the issue can be resolved through mediation. It’s best to speak with individual parties separately to allow each person involved to express their side of the story without fear or intimidation. This process allows employers to gather and review statements from both sides and ensure all parties are aware of the investigation or mediation process.
Where feasible, particularly in hybrid workplaces, an in-person meeting at a neutral location can help ensure messages are clearly communicated and understood.
- Select an investigator
Where a formal investigation is required, an appropriate investigator should be appointed. The investigator must be impartial and not personally involved in the conflict. Depending on the severity of the situation, this may be a neutral party from within the organization, or it may be an external investigator.
- Gather and document evidence
Given the nature of remote work, it is important to document any bullying that occurs. A workplace policy should outline expectations for documenting incidents and encourage employees to:
- Retain relevant emails, messages, or screenshots
- Record details of verbal interactions, including dates and context
Evidence gathered during the investigation should illuminate what happened, when it happened, who was involved, and what impact the bullying and harassment had on the victim or complainant’s well-being and productivity.
- Review the evidence and determine the appropriate corrective action
The employer and the assigned investigator(s) should then meet to go over the evidence and confirm whether the incident meets policy definitions of bullying and harassment.
Where bullying or harassment is substantiated, employers must take appropriate corrective action. This may vary depending on the severity of the conduct and other relevant factors, but the response must be reasonable, proportionate, and consistent with workplace policies.
In Summary
Bullying and harassment can occur in any workplace, including remote and hybrid environments. Regardless of the working arrangement that you and your employees have, it’s important to be prepared to address these issues by:
- Developing and maintaining clear, up-to-date policies
- Ensuring employees understand reporting processes
- Responding to concerns in a timely and appropriate manner
- Keeping thorough records of incidents and investigations
- Seeking external support, such as a third-party investigator, where necessary
If you are looking for assistance in crafting an effective policy or have questions about an issue taking place in your remote workplace, reach out to any of the lawyers at Ascent – we’re here to help!
