Key Takeaways:
- Digital workplace harassment can occur through emails, text messages, video meetings, social media, and workplace messaging platforms.
- Employees should document incidents, preserve relevant evidence, and report harassment through appropriate workplace channels.
- Federal and Pennsylvania laws prohibit certain forms of workplace harassment and retaliation.
- Employees may have options for filing complaints with government agencies if their employers fail to address unlawful harassment.
Harassment can follow you into team chats, video meetings, or personal messages after work. Offensive messages, inappropriate images, discriminatory remarks, and repeated unwanted contact can create a hostile work environment even when you work remotely. If this happens to you, document the conduct, save relevant communications, and report it through your employer’s complaint process.
What Qualifies as Digital Workplace Harassment?
“Digital workplace harassment” is unwelcome conduct through electronic communications, and it can happen on company platforms such as Slack, Microsoft Teams, and Zoom, or even through personal accounts used for work-related communications.
Examples include the following:
- Discriminatory messages: Repeated racial slurs, religious insults, or offensive comments about someone’s disability.
- Sexual harassment: Unwanted sexual messages, explicit images, or repeated requests for sexual favors.
- Online intimidation: Threatening or degrading communications targeting an employee because of a protected characteristic.
- Public humiliation: Discriminatory jokes, memes, or comments posted in workplace group chats.
- Unwanted contact: Persistent inappropriate messages, including communications outside normal working hours.
Under federal law, harassment may be unlawful when enduring offensive conduct becomes a condition of employment or when the conduct is severe or pervasive enough to create a hostile work environment.
Steps to Take to Document and Report Digital Workplace Harassment
Step 1: Document Every Incident of Harassment
Record incidents as soon as possible, while the details are fresh. Your notes can help show what happened and whether the conduct continued.
For each incident, write down the following details:
- The date and approximate time
- The platform where the harassment occurred
- The name of the person responsible
- The specific statements or actions involved
- Any co-workers who witnessed the interaction
- How the incident affected your work
Record the specific conduct; if a supervisor makes discriminatory remarks, write down what they said and the circumstances instead of describing them only as discriminatory. Also, be sure to keep your entries in date order and add to the log whenever another incident occurs.
Step 2: Preserve Digital Evidence Carefully
Messages can be edited or deleted, and you may lose access if and when your employer deactivates your account. Save all relevant communications while they are still available.
Subject to workplace rules and applicable laws, useful evidence may include the following:
- Screenshots of messages showing the sender, date, and context
- Emails containing offensive statements or unwanted requests
- Chat histories demonstrating repeated inappropriate conduct
- Meeting invitations, notes, or other records identifying witnesses
- Written responses in which you asked the person to stop
Keep original records intact when possible. Do not alter screenshots or leave out context that could change their meaning.
Follow your company’s confidentiality policies and applicable privacy laws when saving evidence. Do not access another employee’s account, improperly record private communications, or transfer confidential company information to a personal device without authorization.
Step 3: Review Your Employer’s Harassment Reporting Policy
Before submitting a complaint, locate your employer’s anti-harassment policy in the employee handbook, internal website, or onboarding materials.
Check who is designated to receive complaints: the policy may direct you to Human Resources (HR), a supervisor, a compliance officer, or an ethics hotline.
You do not have to confront the person directly if doing so makes you uncomfortable. If your immediate supervisor is responsible for the harassment, use another designated reporting channel.
Step 4: Submit a Clear, Written Complaint
Put your complaint in writing and send it to HR or the contact named in your employer’s policy; this written complaint creates a record of when you notified your employer about the alleged harassment.
Name the people involved and describe what happened, including relevant dates. Explain why you believe the behavior is inappropriate or discriminatory, and identify any evidence you have.
An example complaint may look like the following:
“On October 8 and October 12, a co-worker sent messages in our team chat making derogatory comments about my national origin. I have preserved screenshots of both conversations. I believe this conduct violates our workplace harassment policy and request that the company investigate.”
Ask the recipient to confirm that they received your complaint. You can also ask how the investigation will proceed and what measures are available to prevent further harassment.
Stick to what you observed or experienced, and avoid guessing at another person’s intentions.
Step 5: Follow Up and Track Your Employer’s Response
Keep a record of your communications with HR or management, including acknowledgment emails, meeting dates, and any proposed corrective measures.
If you receive no response within a reasonable period, follow up in writing to ask about your complaint’s status.
Cooperate with legitimate investigation requests and provide additional evidence when appropriate, and continue documenting new incidents.
If management does not address the problem or the harassment continues, consider using another internal reporting channel or discussing your options with a Philadelphia employment lawyer.
What Should You Do if Your Employer Fails to Address the Harassment?
If the harassment may be unlawful, you may be able to file a complaint with a government agency.
The agencies and their general filing deadlines include the following:
- Pennsylvania Human Relations Commission (PHRC): Employees generally have 180 days from the alleged discrimination to file a complaint.
- Equal Employment Opportunity Commission (EEOC): Qualifying employment discrimination claims generally have a 300-day filing deadline, although different rules may apply depending on the circumstances.
- Philadelphia Commission on Human Relations (PCHR): Philadelphia’s Fair Practices Ordinance generally establishes a 300-day complaint deadline.
Can Your Employer Retaliate Against You for Reporting Harassment?
Federal and Pennsylvania anti-discrimination laws prohibit employers from retaliating against employees for certain protected activities, including reasonably opposing unlawful discrimination or participating in covered investigations.
Retaliation may include termination, demotion, unjustified disciplinary action, threatening communications, or other materially adverse treatment connected to protected activity. If your employer treats you differently after you report harassment, document the changes and their timing. However, reporting harassment does not prevent an employer from tak
Frequently Asked Questions (FAQs):
Can I report workplace harassment that happens outside business hours?
Yes. After-hours messages may still constitute workplace harassment when they are connected to employment. The relationship between the people involved, the content of the messages, and the circumstances all matter.
Can I report harassment anonymously?
Some employers offer anonymous hotlines or complaint systems. An anonymous report can limit the employer’s ability to investigate; however, confidentiality cannot always be maintained throughout an investigation.
Do I need screenshots before reporting harassment?
No. Your account of what happened is enough to make a report. Screenshots, emails, witness information, and notes made at the time may help investigators assess your complaint.
Should I contact a lawyer before filing a complaint?
You can speak with a lawyer before or after making an internal complaint. Seeking legal advice early may be helpful if management is involved, you fear retaliation, or an external filing deadline is approaching. Do not delay reporting solely to collect more evidence.
If You Are Facing Digital Workplace Harassment, Speak With Our Experienced Philadelphia Employment Lawyers at The Gold Law Firm P.C.
If a supervisor is involved in the harassment or your employer has dismissed your complaint, our Philadelphia employment lawyers at The Gold Law Firm P.C. can discuss your reporting options and legal rights. Call 215-569-1999 or fill out our online contact form to schedule a free consultation. We have office locations in Philadelphia and Malvern, Pennsylvania, Pennsauken, New Jersey, and New York, New York, and proudly serve clients in the surrounding areas. *NYC, Pennsauken, and Malvern offices are by appointment only.
