The COVID-19 pandemic ushered in a massive shift to remote work arrangements. Now, as many companies embrace a “return to work” movement, concerns are rising about potential discrimination against those who thrive in a remote environment. At Shaumyan and Derbarseghian, LLP, we understand the value of remote work and are committed to protecting your rights.
What is Remote Work Discrimination?
Remote work discrimination occurs when an employer treats employees differently based on their remote work status. This can encompass discrimination based on:
- Protected characteristics: Race, gender, age, religion, disability, or other legally protected classes. Studies show that women and people of color often prefer remote work due to fewer microaggressions. Denying remote work opportunities to these groups could be discriminatory.
- Remote work itself: Being passed over for promotions, receiving unequal pay or benefits, or having limited access to training and development solely because you work remotely.
Examples of Remote Work Discrimination
- Unequal opportunities: Remote workers are consistently excluded from crucial meetings or decision-making processes.
- Performance evaluations: Remote workers are held to a higher standard or unfairly evaluated compared to in-office colleagues.
- Limited career advancement: Remote workers are overlooked for promotions or leadership roles due to the mistaken belief that they are “out of sight, out of mind.”
- Denied work-from-home options: An employer offers remote work flexibility to some employees but not others without a legitimate reason.
Protecting Your Rights as a Remote Worker
The good news is that even though “remote work” itself isn’t a protected class, you still have rights. Here’s how to protect yourself:
- Document everything: Keep a record of any instances where you feel you were discriminated against. This includes emails, meeting notes, and performance reviews.
- Understand your company’s policies: Review your employee handbook and any remote work policies to understand your rights and responsibilities.
- Request a reasonable accommodation: If you have a disability that makes remote work essential, you may be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA).
- Talk to your manager: If you feel you’re being discriminated against, try to address it directly with your manager.
- Report discrimination to HR: If the issue persists, file a formal complaint with your company’s Human Resources department.
- Seek legal counsel: If you believe you have a case of remote work discrimination, consider contacting an employment lawyer specializing in these matters. Shaumyan and Derbarseghian, LLP, is here to help.
Helpful Tools and Resources
- Equal Employment Opportunity Commission (EEOC): The EEOC enforces federal laws that prohibit discrimination in the workplace, including remote work environments.
- U.S. Department of Labor (DOL): The DOL offers resources on your rights as a remote worker, including information on reasonable accommodations.
- National Workrights Institute: This non-profit organization provides information and advocacy on workplace rights, including those related to remote work.
The Future of Remote Work
The rise of remote work represents a significant shift in the workplace landscape. While challenges remain, embracing a culture of inclusion and fair treatment for all employees, regardless of location, is critical.
Shaumyan and Derbarseghian, LLP, is committed to advocating for your rights in the evolving world of remote work. If you have concerns about remote work discrimination, contact us today for a consultation.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult with an attorney for specific legal guidance.
