When Harassment Follows You Home: Managing Employment Practices Liability Risk in a Remote Work Era

The boundaries between work and home have never been blurrier. The shift to remote and hybrid environments brought flexibility, but for insurers and employers alike, it also introduced a new exposure: harassment claims in the virtual workplace.

According to the most recent data from the U.S. Equal Employment Opportunity Commission (EEOC), harassment charges jumped 47% over the last three years, totaling 31,354 claims in FY2023. From inappropriate video call comments to offensive imagery in virtual backgrounds, employers are held accountable for misconduct, regardless of where it occurs.

When Harassment Goes Remote

At first glance, the types of behavior that trigger claims–bullying, discrimination, intimidation, and sexual harassment–have not changed much. What has changed is how those actions show up and get documented. The rise in virtual meetings, instant messaging platforms, and digital collaboration tools means more evidence is preserved in writing or recordings. As a result, some claims are more visible, traceable, and costly.

In one case, an assistant alleged harassment by a company manager who initiated a non-consensual relationship during days they worked together from her home office, blurring professional and personal boundaries under the guise of collaboration. In another claim, a nonprofit employee alleged retaliation after whistleblowing on management. She says she was denied a request to continue remote work as punishment, raising complex questions about intent, accommodation, and retaliation.

Even without extreme allegations, remote work has led to new gray areas: What happens when someone makes an off-color joke in a group chat, or displays a politically charged background during a Zoom meeting? These moments may seem small, but they are increasingly forming the basis of formal complaints.

What Employers Can Do

Employers need to recognize that a virtual setting does not exempt them from maintaining a respectful, harassment-free environment. That starts with meaningful action in four key areas:

Training. One-off videos or passive modules are not enough. Anti-harassment training must be interactive, repetitive, and clearly address digital conduct–what is and is not appropriate behavior in chats, emails, video meetings, and more.

Communication. Open lines of communication matter. Remote work can make it harder for employees to speak up or seek help, especially if their manager is the problem. Employers should ensure that employees have safe, confidential ways to report misconduct, including anonymous whistleblower hotlines.

Culture. Managers should model respectful behavior and foster a sense of inclusion across remote and in-person teams. That includes holding space for virtual and physical interaction and ensuring equal opportunities for all employees, regardless of location.

Policy. Employers should update their workplace policies to reflect remote realities. That includes explicitly outlining what constitutes harassment in virtual settings and clearly stating that remote or hybrid workers are entitled to the same protections as in-office staff. Policies should clarify that virtual misconduct–whether via video call, messaging platform, or email–is subject to the same investigative procedures and disciplinary actions.

‘From inappropriate video call comments to offensive imagery in virtual backgrounds, employers are held accountable for misconduct, regardless of where it occurs.’

Why Documentation Cuts Both Ways

In a virtual environment, digital documentation can be both a liability and a protective tool. Unlike in-person exchanges, written chats, emails, and recorded meetings leave a lasting trail.

For claimants, that often means stronger evidence to support allegations.

For employers, it underscores the importance of maintaining detailed records of training sessions, performance reviews, and any prior behavioral issues, especially when a claim arises.

In claims where allegations stem from virtual misconduct, the presence (or absence) of a documented history can significantly impact how quickly and effectively an issue is resolved. Without context or prior records, what may have been a misunderstanding can escalate into a drawn-out and costly dispute.

Coverage Considerations

As remote work evolves, so do exposures and the insurance solutions that address them. Employment practices liability insurance (EPLI) remains a key line of defense for organizations navigating workplace harassment claims. Employers should work with their insurance agents and brokers and carriers to review whether:

•

Third-party harassment coverage is included.

•

The policy addresses claims stemming from virtual or hybrid settings.

•

The insurer offers in-house claims teams that have EPL expertise.

A standalone EPL policy often provides broader protection and access to more experienced claims handlers than one bundled into a commercial package.

For insurance agents and brokers, the shift to hybrid work presents an opportunity to act as strategic risk advisors. To effectively manage EPLI risks in the remote work era, they should:

•

Proactively review clients’ EPLI policies to ensure alignment with virtual workplace risks.

•

Flag gaps in third-party and remote harassment coverage.

•

Recommend risk mitigation strategies tied to coverage, such as training, updated policies, and better documentation practices.

By taking a consultative role, agents and brokers help clients strengthen both their coverage and their workplace culture.

The Role of Managers and HR

Beyond insurance, prevention still hinges on people. Human resources departments and frontline managers need to be equipped and empowered to act swiftly. That includes:

•

Regular training refreshers, especially tailored to virtual conduct.

•

Proactive monitoring of team dynamics (without breaching privacy).

•

Scheduled check-ins that create space for honest conversations.

•

A clear chain of communication if employees need to report misconduct outside their reporting line.

Remote environments can unintentionally widen the distance between employees and leadership. By building a culture of accountability and accessibility, companies can close that gap.

Not the Only Risk

In the remote work era, the signs of workplace harassment are subtler, the risks are higher, and the fallout can be just as damaging. As the legal landscape continues to evolve, companies must meet their existing obligations and anticipate where future risks may emerge. The digital workplace brings undeniable advantages, but it also demands new vigilance.

Kefauver is head of financial and professional lines, North America, and Moore is senior claims manager, management liability, at Intact Insurance Specialty Solutions. Based in Chicago, they help clients navigate complex employment practices risks in today’s evolving workplace landscape. This article is provided for general informational purposes only and does not constitute and is not intended to take the place of legal or risk management advice.

Topics Talent Liability Human Resources