Zoom Calls and Slack Chats and GIFs, Oh My!: An Employer’s Guide to Bad WFH-Behaviour
“Oh my!”, indeed.
With the ongoing COVID-19 pandemic heading into its ninth month or so, many newly-remote workers are getting very comfortable in their home offices. Sometimes even a little too comfortable – and for some workers, the ordinary standards of workplace behaviour might feel like they no longer apply at all.
It’s easy to slip into bad work-from-home (WFH) habits (and some bad habits are probably harmless – i.e. wearing track pants with your professional Zoom-meeting blouse, a personal favourite). But some behaviours are more problematic and can give rise to a variety of workplace issues.
What should employers consider when remote employees cross the line from “comfortable” to “complaint-worthy”? Some examples:
Doing personal grooming on Zoom calls (yes, you can use your laptop camera as a mirror, but that doesn’t mean you should);
Drinking/smoking on Zoom calls;
Unprofessional attire (or absence of attire…);
Sending inappropriate GIFs or memes in work chat programs; and
Using the “chat” function or private messages to bully colleagues.
Beyond being unprofessional, some of these behaviours can trigger more serious considerations under the Occupational Health and Safety Act (“OHSA”) and the Ontario Human Rights Code (“OHRC”).
1. Be Clear About the Company’s Expectations of Workplace Conduct
Many employers were forced to go remote with little to no advance planning, and may not have had a WFH-appropriate Code of Conduct in place prior to the pandemic. Well, it may be time to create a policy that clearly sets out the company’s expectations. A WFH Code of Conduct is a valuable way to set standards for remote employees and ensure consistent decision-making when issues do arise.
Consider addressing the following issues:
Professionalism: Don’t assume the office “culture” will automatically translate to WFH – be explicit about what’s expected. What is the “WFH business culture”? Is it more casual or formal? Are there particular dress expectations and if so, in what circumstances (i.e. business attire for client Zoom meetings, etc.)?
Communication: Establish clear communication practices. What channels should be used? Are there “informal” channels employees can use to socialize, etc.? What is the expectation around response times?
Respect: Set the tone – engaging respectfully is essential for WFH success. What behaviours are not tolerated? What can an employee do if they are having interpersonal problems or feeling disrespected?
There may be other workplace-specific issues to cover and other general policies dealing with confidentiality, data security, expenses, etc.
2. Be Mindful of OHSA and OHRC Requirements re: Harassment and Discrimination
Online banter can quickly turn into bullying, harassment, or discrimination. Employers have a duty to guard against harassment under the OHSA and discrimination under the OHRC. They should uphold this duty for WFH employees, including by having an established, clear and user-friendly complaint procedure.
Employers who fail to take appropriate measures to protect employees from these harms can be held liable. Watch out for the following potential problems:
Jokes/Memes: Sharing jokes and memes can be a good form of WFH socializing, but employers need to be vigilant against any discriminatory or harassing content. After all, there’s lots of foul content out there, mixed in among the funny cat videos. Don’t let it infiltrate your online interactions.
Bullying: Some people will make comments from behind a keyboard they would never say in person, and things can escalate over time. Consider having a regular check-in with employees to proactively discuss any HR/interpersonal issues and, at minimum, be sure that there’s a clear reporting/complaint procedure for any problems that do arise.
Sexual Misconduct: Yes, there have been instances of Zoom nudity – including some widely-publicized incidents. Accidental or not, this can constitute sexual harassment. If an incident is brought to the employer’s attention, even if it appears accidental, don’t brush it off. Under the OHSA, employers have a duty to investigate incidents of harassment, including sexual harassment, and impose corrective action if those allegations are substantiated.
If any inappropriate content gets shared in the WFH workspace, employers should act promptly to deal with it. This goes back to the importance of having clear expectations, so everyone knows what’s not allowed, and what to do if problems arise.
3. Be Thoughtful About the Need for Accommodation
Some inappropriate conduct might actually signal a legal obligation to accommodate. Employers are not generally expected to accommodate situations they are not aware of; however, employers should not ignore signs that accommodation might be required.
For example, employers should consider whether performance issues/inappropriate conduct by WFH employees could be connected to:
Substance dependence;
Competing obligations at home (e.g. dependent care);
Physical or mental health;
Barriers to using certain remote work technologies; or
Another OHRC-protected ground.
Employers that suspect a need for accommodation should consider speaking with the employee about the specific issues to obtain more information. As always, these conversations should be approached discreetly and respectfully, and they should be documented through notes and, if necessary, written communication with the employee. There is delicate balance between offering support and inflaming the situation, so employers are directed to seek advice in an advance.
3(b) - A note about performance reviews: Because it’s that time of year… Even where formal accommodation isn’t required, managers should be mindful of how the challenges of 2020 may have affected employee performance. This has been a difficult year for many people and some employees may not be meeting their usual standards. Try to give meaningful feedback that considers the circumstances, and offer support for improvement where needed.
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Keeping things professional in the WFH world is not always easy – and on certain things, maybe it’s good to relax a little (did I mention the track pants?). But employers shouldn’t let the important things slide.
After nearly nine months of WFH life, it’s a good time to check in and take a fresh look at the remote workplace, to see if anything could be improved. After all, WFH appears likely to remain the reality for many employees for at least a little while longer.
