Digital conduct and remote work impact workplace harassment laws

As remote and hybrid work models increase, workplace harassment is increasingly occurring through digital channels such as Slack, email, text messages, and video meetings. Data from the Bureau of Labor Statistics indicates that the percentage of wage and salary workers capable of working from home rose to 36.9% for 2024 and 2025, up from 28.8% in 2017 and 2018.

Legal experts note that courts and the Equal Employment Opportunity Commission (EEOC) recognize that conduct occurring outside the physical office can still constitute workplace harassment if it connects to an employee's job. This includes offensive messages sent to personal inboxes or harassment occurring within work-related social media and group chats.

To address these issues, it is recommended that employees preserve digital records, including screenshots and chat histories, to establish the timing, frequency, and context of the conduct. The EEOC considers the context of such exchanges during investigations into alleged incidents.