“Everything old is new again” is an apt truism when it comes to the area of employment law these days. Employment policies, such as anti-discrimination/harassment and codes of employee conduct, are receiving new attention as employees continue working remotely through shared online workspaces and various virtual communication platforms.

COVID-19 triggered a pivot to mass remote work that resulted in virtual work and communication platforms becoming a principal, and seemingly permanent, component of the workplace. However, the pandemic did not change the long-standing legal framework for employers to avoid liability for employee misconduct. Instead, the magnitude and duration of the shift from a traditional in-person workplace to online work environments created an informal atmosphere where employees may approach work with a casual attitude and engage in conduct as if workplace conduct policies do not apply. Employers embracing remote work, either exclusively or on a hybrid basis, should review and update their employment policies and trainings to ensure employees understand what virtual forms of harassment and other inappropriate conduct look like—and how they need to adapt their conduct and appearance to virtual workspaces.

Virtual Harassment and Misconduct

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