What Happens To My #metoo Claim During COVID-19?

When this topic first came across my desk I thought it was a no brainer but as time has gone on, I realized that there is a fair bit of confusion about responsibilities during the Pandemic. First off, allow me to set the record straight, COVID-19 does not erase the problems that existed before it came along, nor does it make harassment or sexual harassment in the workplace go away.

While for some, social distancing may create a reprieve for the claimant, it doesn't mean that the problem never existed or that it got up and left town. In many cases, harassment in the workplace continues through verbal exchanges, abusive language, or even threats to one's livelihood in uncertain times. A lot of people can be on edge or vulnerable and those with a predatory instinct will take advantage of these times to add pressure, manipulate and abuse relationships that they feel are easy to attack.

In many cases, employers and supervisors have back-burnered investigations that they know need to be conducted with the blind hope that the problems will work themselves out or under the false impression that interviews and research can't be conducted during the pandemic; however, this is false and when all is said and done, employers can be held responsible for failing to investigate or document inappropriate conduct whether it occurred prior to the distancing, during the isolation period or even if it occurs online.

It is important to remember that the employer is responsible for what happens in the workplace, even if the workplace is remote, briefly connected, and in isolation. You still have the due diligence requirement to investigate claims, and if you had claims being investigated before isolation started, you are still responsible for a timely, thorough and accurate investigation to be conducted, completed and reported accordingly.

Just as many of us now work remotely, investigations are being conducted remotely. Interviews, evidence and research can all be conducted in any number of ways by qualified parties. In many cases, these investigations are actually less expensive because of the travel requirement being dropped or altered.

Another misconception is that now that the courts are closed, it doesn't matter what we do anyway, but this too is an uneducated thought process. Many courts are actively working towards an online system, and efforts are being made to restart the system safely. Even without the court in a ready to go state, when have you ever been allowed to use the excuse that since the court was closed - you thought it was okay to ignore the law? It's simply doesn't work that way.

In the end, social distancing and isolation are going to be with us for some time to come but if you have a claim that was pending or you've decided to standby on filing, you may find that you've failed in your due diligence. Protections are still in place for those that need them and we all know that cyber-bullying, harassment and abuse are very real situations to contend with. No one deserves to work in an unhealthy environment. No one gets to ignore their responsibility because the worksite has relocated.

Thank you for reading. Feel free to share.