The Evolving Landscape of Harassment in the Workplace

12.18.2025

As work models evolve, so do the risks of workplace misconduct. Organizations that fail to modernize their approach to harassment prevention risk falling behind — and exposing employees to harm. Workplace harassment prevention is not just a compliance requirement; it’s a cultural imperative that protects employees and strengthens organizational resilience.

Why Renew Your Focus Now?

When hybrid and remote work environments became the norm, many organizations deprioritized harassment prevention training to focus on operational needs. Yet harassment didn’t vanish — it simply became harder to detect.

The concept of “workplace” continues to shift with the rise of artificial intelligence, flexible workspaces, and digital communication platforms. During peak remote work, harassment often migrated to virtual channels like Zoom, Slack, and Teams — making it less visible but no less damaging. For some, remote work offered relief from in-person microaggressions; for others, it increased isolation and reduced access to support. As organizations encourage more in-office presence, issues that were previously muted may resurface.

As more employees return to the office, it’s essential to renew focus on workplace conduct and ensure employees know how to prevent and report harassment.

Harassment affects the entire organization — not just those directly involved. Ignoring it can lead to absenteeism, low morale, turnover, and legal exposure. Strong policies and consistent training remain the most effective tools for fostering a respectful and safe workplace.

What Constitutes Harassment in the Workplace

Harassment is often synonymous with an employee being sexually harassed; however, workplace harassment encompasses a wide range of unwelcome conduct that adversely affects an employee’s work environment or performance. Harassment in the workplace extends beyond sexual conduct and includes unlawful behavior and employment discrimination based on any legally protected status, such as:

  • Race or color
  • Religion
  • Sex, pregnancy, childbirth, or related conditions
  • Sexual orientation, gender identity, or gender expression
  • Age discrimination (40 and over)
  • National origin or ancestry
  • Disability (physical or mental)
  • Genetic information
  • Veteran or uniformed service member status
  • Any other status protected by federal, state, or local law

It is not limited to overt offensive conduct or actions but also includes subtle behaviors that create an offensive work environment. Harassment can be physical, verbal, psychological or even digital.

Examples of Harassment in the Workplace

  • Physical Harassment: Unwanted touching, offensive behaviors, offensive gestures, physical violence, or other forms of physical assaults that compromise an employee’s safety and well-being.
  • Verbal Harassment: Offensive language, derogatory comments, slurs, offensive jokes, or derogatory remarks that demean or belittle an individual or group.
  • Psychological Harassment: Intimidation, exclusion, persistent criticism, or behaviors that undermine confidence and mental health.
  • Digital Harassment (Online Harassment): Offensive comments, threats, or derogatory messages sent via email, messaging platforms, or social media — this is often referred to as cyberbullying, and it is just as damaging as in-person workplace harassment.

Sexual Harassment in the Workplace

Sexual harassment remains a critical focus in workplace prevention efforts. It includes unwelcome sexual advances, requests for sexual favors, inappropriate comments about someone’s sex, and other verbal or physical conduct of a sexual nature. This behavior violates Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees, including government entities, employment agencies, and labor organizations. There are two primary forms of Sexual Harassment:

Quid Pro Quo Harassment

Translated as “this for that,” quid pro quo occurs when a supervisor, manager, or someone with authority ties an employee’s job — including pay, hours, promotions, or other benefits — to unwanted sexual conduct. This form of harassment can be explicit or implied, even if not stated outright.

Hostile Work Environment

A hostile work environment arises when unwanted conduct, such as jokes, comments, texts, or images, becomes so frequent or severe that it interferes with an employee’s ability to perform their job. This conduct can come from anyone — coworkers, supervisors, customers, or even third-party contractors.

A key element in determining harassment in the workplace is whether the conduct is unwelcome and based on a protected characteristic, and whether a reasonable person would view the behavior as creating a hostile or abusive work environment.

Key Elements of an Effective Anti-Harassment Policy

Understanding what constitutes harassment is essential for creating a workplace free of discrimination and hostility. While compliance with evolving legislation is critical, awareness alone isn’t enough. A truly respectful workplace requires clear policies. Many states mandate that employers maintain an anti-harassment policy and require employees to acknowledge it annually. Regardless of location, these best practices can strengthen your approach: 

  • Define Unacceptable Behavior: Clearly outline what constitutes workplace harassment — verbal, physical, psychological, and virtual — and emphasize a zero-tolerance stance.
  • Include Virtual Environments: Address online harassment in digital spaces such as Teams, Slack, Zoom, and other collaboration platforms.
  • Establish Clear Reporting Procedures: Provide step-by-step guidance on how employees can report concerns and how HR or management will respond.
  • Offer Multiple Reporting Contacts: Ensure accessibility and comfort by providing at least two trained points of contact.
  • Prohibit Retaliation: Make it clear that employees who report harassment in good faith will not face negative consequences.
  • Outline Consequences: Specify that confirmed harassment or discrimination will result in disciplinary action, up to and including termination.
  • Require Annual Acknowledgment: Have employees reacknowledge the policy each year to reinforce awareness and accountability.

A strong workplace harassment prevention policy is more than a legal safeguard — it’s a foundation for trust, respect, and organizational resilience. When paired with comprehensive training and proactive culture-building, it helps ensure that every employee feels safe and valued.

The Importance of Comprehensive Workplace Harassment Training

As of December 2025, numerous states and jurisdictions — including California, Connecticut, Delaware, Washington, D.C., Illinois, Maine, New York, Oregon, Rhode Island, Vermont, and Washington State — require anti-harassment training for some or all private-sector employees. These mandates reflect a growing recognition that training is essential to preventing misconduct and fostering a respectful workplace.

While meeting state requirements is critical, employers often overlook a key component: training that goes beyond the minimum standard. A check-the-box approach may satisfy legal obligations but fails to address the realities of today’s workplace. 

Modern Harassment Prevention Training Considerations:

  • Reinforce organizational values, not just legal definitions.
  • Include interactive, scenario-based learning that resonates with employees.
  • Cover nontraditional and evolving work environments, including hybrid and remote settings.
  • Ensure training is available to all employees, regardless of location or schedule.
  • Incorporate examples that reflect diverse teams and global workforces.

As the workplace continues to evolve, robust workplace harassment training is more than a legal safeguard — it’s a strategic investment in employee trust, engagement, and organizational resilience.

Beyond Compliance: Building a Culture of Respect

Employers have a legal obligation under federal law and various anti-discrimination statutes to take immediate and appropriate action to address and prevent harassment. Failure to do so can result in employer liability for adverse employment decisions or a hostile environment created by harassing behavior from coworkers, supervisors, or even third parties.

Employers should regularly evaluate whether their environments are truly safe and respectful for all, recognizing that what feels neutral to one person may feel exclusionary or hostile to another. In response to the evolving workplace, the Equal Employment Opportunity Commission (EEOC) recently issued updated guidance to help organizations identify, prevent, and address unlawful conduct. Incorporating these principles is essential to fostering inclusive environments where every employee feels respected and protected.

Preventing harassment isn’t a one-time training — it’s an ongoing commitment. By keeping policies current, training consistent, and reporting channels clear, organizations can create a culture of respect, safety, and trust. Demonstrating your commitment to a respectful workplace reflects not only your values but also your investment in leadership and long-term organizational health.

Additional Resources

E-book: Demonstrating your commitment to a respectful workplace reflects not only your values but also your investment in leadership and long-term organizational health. For deeper insights, view our Addressing Harassment in the Workplace e-book.

Online Training: Our partners at Traliant offer workplace harassment prevention training that combines cinematic scenarios with unscripted, real-life interviews to help employees recognize, navigate, and respond to inappropriate behavior, compliant in all 50 states, with industry-specific and global versions—watch previews here.

To learn more about these resources or if you have any questions regarding this Practice Pointer, please email us.

This content is provided with the understanding that Hilb Group is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice.