Virtual Harassment: Updating Your Workplace Policies

The digital transformation of the workplace, accelerated by remote and hybrid work models, has brought new opportunities and new risks. One of the most pressing challenges for organizations is virtual harassment. As work increasingly takes place over email, chat, video calls, and social media, harassment has found new avenues, prompting significant legal and policy updates. In this blog, we will review how employers can proactively update their workplace policies to address virtual harassment and ensure compliance with the latest regulations.

The Evolving Definition of Workplace Harassment
Workplace harassment used to take place with in person interactions. However, legislative changes across Canada, especially in Ontario, have broadened the definition to explicitly include virtual harassment. Under Bill 190, the Working for Workers Five Act, 2024 and updates to the Occupational Health and Safety Act (OHSA), workplace harassment and sexual harassment now include behaviours that occur through digital communications and virtual interactions, such as inappropriate emails, online messages, video calls, and social media.

As the workplace has evolved into hybrid and remote models, the legislation has changed to recognize digital and technological advancements in daily operations and require employers to adopt new policies to protect employees from virtual harassment.

Key Legal Changes in 2025

1. Explicit Coverage of Virtual Misconduct
   Bill 190 mandates that workplace violence and harassment policies must address virtual misconduct. This includes any digital harassment, inappropriate behaviour during video conferences, and unwanted messages or advances on work related digital platforms.

2. Application to Remote Work
   The OHSA now applies to remote work performed in private residences. Employers must ensure that health and safety policies protect employees, regardless of where they work.

3. Digital Access to Policies
   Employers can now provide digital access to workplace safety documents, including harassment policies and information in posting requirements.

4. Virtual Meetings
   Employers must ensure that remote and hybrid workers are included in workplace safety discussions, with meetings held online.

Steps to Update Your Workplace Policies

1. Review and Revise Policy Language
   • Update all workplace violence and harassment policies to include virtual harassment and sexual harassment.
   • Clearly define what constitutes unacceptable digital conduct, providing examples relevant to your workplace. Examples include offensive messages, inappropriate video backgrounds, or exclusion from virtual meetings.

2. Enhance Reporting and Investigation Procedures
   • Revise incident reporting procedures to allow for digital evidence submission such as screenshots, chat logs, and recordings.
   • Establish clear, confidential channels for reporting virtual harassment.
   • Train HR and management staff to investigate digital harassment, including how to collect and analyze electronic evidence while maintaining confidentiality.

3. Train Employees and Leadership
   • To recognize, prevent, and respond to virtual harassment.
   • Ensuring staff understand the definitions and know how to report incidents.
   • Training on proper digital etiquette and respectful online communication.

4. Support for Victims
   • Providing access to support resources such as counselling and legal assistance for individuals.
   • Ensuring employees who report virtual harassment are protected by reinforcing anti retaliation policies.

5. Ensure Digital Accessibility and Compliance
   • Make all updated policies and required safety documents easily accessible online.
   • Guide employees on where to find these resources and how to use them.

Why These Changes Matter
Having a well communicated stance against virtual harassment promotes a safe and inclusive work environment. Companies in which employees feel protected and respected, whether working in the office or remotely, are likely to be more engaged and reduce turnover rates. Employers who update these new policies in their workplace will demonstrate due diligence and compliance with employment standards. With the constant evolution of technology and new workplace policies with remote and hybrid working models, employers that address and recognize virtual harassment display a priority in their employees well being.

Next Steps in Updating Virtual Workplace Policies
With new technological advancements and updates in workplaces, employers should start by updating these legal changes and take this as an opportunity to modernize their workplace. Reviewing these new updates in policies and procedures will promote open communication for all employees, in physical and virtual workplaces.

Conclusion
Updating policies on virtual harassment in 2025 will bring new challenges and opportunities for employers. Employers will have to stay proactive and compliant to build trust and respect in the digital age of work.

If you have questions, we encourage you to reach out to employment lawyers, Sultan Lawyers, online or by telephone at 647 952 9353 today.