Prior to the COVID pandemic, working from home was considered a perk that was only available to certain employees. In fact, according to one survey, before the pandemic, fewer than 6% of employees in the United States worked primarily from home, and approximately 75% of workers had never worked from home. That has changed dramatically in recent years. There has been a significant increase in the number of employees who work remotely, either full-time or on a hybrid schedule.
While there are numerous benefits to working from home, employees can still experience discrimination from employers, supervisors, and co-workers. Despite the behavior occurring virtually, it can create the same hostile, harassing, and discriminatory environment as if it were happening in person. If you have experienced remote work discrimination, it is highly recommended that you contact an experienced employment lawyer at your earliest convenience.
What Is Remote Workplace Discrimination?
“Workplace discrimination” occurs when you are treated unfairly due to your race, color, religion, sexual orientation, age, gender identity, disability, or any other protected characteristic. This applies if you work in person or remotely. If you work remotely and have experienced this type of discriminatory behavior, you are entitled to the same protections as on-site employees. The following are some of the most common types of remote work discrimination:
- Ableism. If you have a disability, working from home may provide you with the flexibility and accommodations to be more productive than working in the office. If your employer denies your request to work remotely, this could be grounds for a discrimination complaint.
- Ageism. While this does not apply to all workers, some older employees may be slower to adapt to virtual work technologies like Zoom calls, Google Meet, and other virtual chat technologies. If employers single out older workers and make discriminatory decisions about their employment based on their age, this is a type of remote work discrimination.
- Racism. Any employment decisions that are based on an employee’s race are discriminatory. This includes remote workers. For example, if an African American employee is on a Zoom call, and another employee on the call makes racist comments about their home, the decor, or other family members, this is a form of remote work discrimination.
- Sexism. This can occur when an employer, supervisor, or colleague engages in sexist behavior towards a remote worker. In some cases, a male colleague or employer will make sexist remarks about a female employee who works from home in order to fulfill certain caretaking and family responsibilities that men are less likely to do.
- Microaggressions. When remote workers are required to reveal their socioeconomic status or home situation over a video conference call, it can create discriminatory situations if another employee makes comments about their race, sex, disability, or any other protected characteristic.
How Do I Identify Remote Workplace Discrimination?
While remote workplace discrimination is less common than discrimination that occurs in person, it is just as important to be able to identify the behavior and take steps to prevent the behavior from continuing. Oftentimes, however, the type of behavior that remote workers experience is more subtle and can easily go unnoticed by other people who may be participating in a video chat, a conference call, or other forms of communication. Therefore, it is important to be mindful of common signs of remote workplace discrimination, including the following:
- Hostile work environment. A remote workspace can become hostile if another person makes disrespectful, harassing, or discriminatory comments during a video conference, excludes you from team communications, or circulates offensive material via digital channels. In addition, if your contributions are not valued or if you face obstacles when trying to collaborate with fellow employees, this can lead to feelings of isolation and alienation.
- Unequal access to opportunities and resources. If you are passed over for promotions, training programs, or other career development opportunities as a remote worker, this unequal access can impact your ability to develop certain skills and advance in your career.
- Exclusion from meetings and communication. If you are excluded from important meetings or opportunities to collaborate with other employees, this can affect your ability to contribute effectively and limit your ability to communicate with other employees and benefit from those collaborative interactions.
- Differential treatment in performance evaluation. Remote workers can experience discrimination if they receive biased or unfair treatment compared to in-office employees. For example, if an employer does not provide timely or constructive feedback simply because you work remotely, this can have a negative impact on your professional development.
What Are the Different Types of Legal Claims in Remote Work Discrimination?
If you have experienced discrimination as a remote worker, the type of claim you may pursue will depend on the nature of the discriminatory behavior. The following are examples of common legal actions in remote work discrimination:
- Discrimination claims. These involve cases that are based on protected characteristics, unequal treatment toward remote workers, denial of promotions or advancement, and having different standards for remote workers.
- Retaliation claims. Employers may not take the following retaliatory behavior against employees for reporting remote work discrimination:
– Reduction in responsibilities or opportunities.
– Negative performance reviews.
– Exclusion from meetings or projects.
– Changes in work conditions. - Hostile work environment. The following are examples of behavior that can cause a hostile work environment, even when working remotely:
– Persistent harassment in virtual settings.
– Intimidating online behavior.
– Exclusion from virtual team activities.
– Inappropriate conduct in video meetings.
– Offensive communications or messages. - Wage and hour disputes. Employers may not compensate workers differently simply because they work from home. The following are examples of discriminatory behavior:
– Unpaid overtime for hours worked remotely.
– Failure to compensate for all hours worked.
– Not offering the same benefits that are available to in-office workers.
– Offering different pay rates for remote workers.
– Improper classification of remote workers.
What Are the Legal Protections for Remote Workers?
There are federal and state laws in place that protect the rights of employees, whether they work on-site or remotely. The following are examples of labor laws that apply to all workers, including remote workers:
- Title VII of the Civil Rights Act. This prohibits any type of discrimination based on race, color, religion, sex, or national origin.
- Fair Labor Standards Act (FLSA). This protects wages and hours rights. The FLSA sets the federal minimum wage, requires overtime pay for hours worked over 40 hours per week, defines “hours worked” to include all time during which an employee is required to be on duty, and requires employers to maintain records for each employee. This applies to employees who are not exempt.
- Family and Medical Leave Act (FMLA). All eligible employees, including remote workers, are entitled to unpaid leave for medical or family reasons. Workers may take 12 work weeks of leave over a 12-month period for any of the following situations:
– Birth of a child.
– Adoption or fostering a child.
– Caring for a spouse, child, or parent with a serious health condition.
– Any qualifying emergency due to covered active military duty of a spouse, child, or parent. - Americans With Disabilities Act (ADA). This ensures reasonable accommodations for employees with disabilities. Employers of workers with disabilities must provide the necessary modifications to their work environment.
What Can I Do to Protect Myself From Remote Work Discrimination?
The first step toward protecting yourself from discrimination is to identify the types of treatment that occur in remote work settings. While this behavior can be more subtle and difficult to prove compared to in-person discrimination, knowing how to respond will ensure that your legal rights are protected and that you reach a successful claim outcome should you decide to take legal action. Certain actions to take are as follows:
- Know the signs. If you are excluded from important meetings, do not get the same training opportunities as in-person employees, or your performance is judged more harshly than in-office employees, these are common signs of remote work discrimination.
- Maintain detailed records. Keep copies of performance reviews, compensation discussions, resource requests, meeting exclusions, and other communications that provide evidence of discrimination.
- Follow internal procedures for reporting discrimination. Review your company policies for reporting discrimination. Notify Human Resources about the behavior. If the issue is not addressed internally, consider filing an official complaint with a federal or state agency.
- Contact an experienced employment lawyer. This will ensure that your legal rights are protected and that you recover the damages you are entitled to, including lost wages, emotional distress, and pain and suffering.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Fight for Your Workplace Rights
If you were discriminated against while working remotely, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. We will discuss the nature of the discrimination, assist you with filing an official complaint, and negotiate the best possible settlement outcome. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Pennsauken, New Jersey, we proudly serve clients throughout the surrounding areas.
