The impact of COVID was instrumental in that ruling. Keegan stated that \u201cIn light of the additional risks to health and safety created by COVID-19, it is particularly concerning that an employer would take this action several months into a global pandemic.\u201d In a press release<\/a>, the EEOC noted that this is the first lawsuit it has filed in which an ADA accommodation case was related to COVID-19.<\/p>\r\n\r\n\r\n\r\n This precedent is forcing many employers and HR managers to re-examine their work-at-home policies and factor in changing conditions brought about by the pandemic. Telecommuting discrimination \u2013 also known as remote work bias \u2013 has become an emerging \u201chot topic\u201d in the age of COVID-19. With so many people working remotely and businesses trying to bring them back into the office, new ethical and legal issues have arisen that directly impact HR policies. The type of remote work bias cases that are cropping up include the following:<\/p>\r\n\r\n\r\n\r\n Family Responsibilities Discrimination<\/em>: Although federal discrimination laws do not include \u201cparenthood\u201d as a protected category, at least 195 state and local jurisdictions have enacted laws outlawing discrimination against parents. That\u2019s according to the Center for Worklife Law<\/a> at the University of California. Depending on differing state laws, employees who are laid off, furloughed, or treated unfairly because of pregnancy, parental responsibilities, or other caregiver roles may have a basis for suing their employers. Lawsuits of this nature and magnitude can be devastating to businesses from a financial, emotional, and public relations standpoint.<\/p>\r\n Gender Discrimination: <\/em>If an order to discontinue telecommuting and return to the workplace has a disproportionate impact on women, companies may be inadvertently setting the stage for legal challenges.<\/p>\r\n Disability Discrimination:<\/em> According to the blog onlabor<\/a>, disability discrimination has increased during the pandemic. The organization says employers are not only denying requests for accommodations, but many are following up those denials with demotions, suspensions, or termination.\u00a0<\/p>\r\n Discrimination based on age, race, and gender: <\/em>A survey conducted by Project Include<\/a> points to three growing problems stemming from increased telecommuting: harassment and hostility, harmful work expectations, and anxiety. The researchers concluded that \u201cPeople harmed were disproportionately Asian, Black, Indigenous, and Latinx, especially women and nonbinary people, and transgender and non-binary people generally, and people over 50.\u201d<\/p>\r\n\r\n\r\n\r\n Do many managers have negative biases toward remote workers? According to the results of a survey conducted by the Society for Human Resources Managers<\/a>, at least two-thirds do. Specifically, 67 percent of supervisors admit to considering remote workers to be more easily replaceable than onsite workers; 62 percent believe that full-time remote work is detrimental to employees\u2019 career objectives; and 72 percent say they would prefer that all their staff work in the office.<\/p>\r\n\r\n\r\n\r\n The Harvard Business Review<\/a> (HBR) recommends a five-part strategy for effectively setting up a hybrid business model to incorporate both work-at-home options and on-site employment.<\/p>\r\n\r\n\r\n\r\n Provide adequate notif<\/em>ication: If remote employees are asked to return to the office, they may need several weeks to arrange a suitable caregiver for their children, elderly parents, or disabled relatives who live with them. HBR suggests providing a lead time of 45 days to enable employees to prepare for the transition. Some workers, including those who are pregnant, breastfeeding, immunocompromised, chronically ill, or otherwise disabled, may also request special accommodations. In all probability, HR will need time to review, carefully consider, and respond to employee requests.<\/p>\r\n Make provisions on a case-by-case basis<\/em>: As the HBR article<\/a> points out, some workers may have a legal right to continue working remotely. \u201cEven if you were not accommodating an employee with a disability before the pandemic, the fact that that person has been working remotely for over a year can serve as evidence that a permanent accommodation does not present an undue hardship to the employer.\u201d<\/p>\r\n Create a hybrid model that works for your company<\/em>. A blended approach to allowing employees to work remotely can be a win-win arrangement. After asking your staff about their needs, preferences, and availability for on-site work, you may be able to develop a model that will meet your business needs, without alienating or losing valuable employees.<\/p>\r\n Avoid on-site favoritism<\/em>: This suggestion requires heightened awareness and some documentation to make sure advancement opportunities and desirable assignments (\u201cglamour work\u201d) are not limited only to those who work on site. Training managers to identify and avoid \u201cunconscious bias\u201d\u2013including racial and gender bias \u2013 can help your organization prevent or quickly resolve claims of remote work discrimination. As HBR warns, if you don\u2019t make the necessary changes, then \u201cbecoming a hybrid workplace will just reinforce existing racial and gender hierarchies.\u201d\u00a0<\/p>\r\n Schedule meetings to accommodate all team members<\/em>: Holding all meetings remotely, regardless of who\u2019s working on-site or from home, will make sure no one feels marginalized, overshadowed, or inferior. It\u2019s also recommended that consideration be given to time zones, parenting responsibilities, and individual scheduling conflicts.<\/p>\r\n\r\n\r\n\r\n Writing for Lawyer Monthly<\/a>, New York attorney Jesse Weinstein says there are three precautions employers can take to avoid potential problems with remote work discrimination:<\/p>\r\n\r\n\r\n\r\n Exercise caution and good judgment:<\/em> \u201cEmployers should be aware that text messages can be saved as screenshots, phone calls and Zoom chats can be recorded, and emails cannot be unsent.\u201d He said it\u2019s important to be \u201cmindful of the ease with which employees can leave a \u2018digital footprint\u2019\u201d.<\/p>\r\n Carefully consider requests for accommodations<\/em>: Employers are liable, he said, for failing to provide reasonable accommodations to employees who need them. He also notes that \u201cemployers cannot just broadly cite \u2018economic\u2019 reasons for failing to provide a reasonable accommodation and expect that they will not be confronted with potential legal action.\u201d<\/p>\r\n Respond promptly to instances of discrimination<\/em>. Weinstein urges employers to \u201cconfront claims of discrimination within their organizations promptly and without retaliation.\u201d<\/p>\r\n\r\n\r\n\r\n The SHRM<\/a> also offers this advice: \u201cIf you are faced with more than one request for remote work as an accommodation, you must be able to adequately articulate why it can accommodate some employees and not others. This may be for legitimate reasons such as data security or to be physically present to access or use equipment or products.\u201d<\/p>\r\n\r\n\r\n\r\n The online newsletter Worth<\/a> recommends that opportunities for promotions should be openly publicized throughout an organization, with hiring decisions being made using objective criteria. It also suggests providing training only online so that remote employees do not miss out on career development. Other ways to prevent potential discrimination claims by remote employees would include making sure disabled staff members are not excluded from promotion opportunities. The newsletter also cautions against making false assumptions about women who have parental responsibilities. A common assumption it cites is that women who have children are unreliable, inflexible, or not interested in a demanding role and therefore unsuitable.<\/p>\r\n\r\n\r\n\r\n Considering the impact COVID-19 has on where and how employees perform their jobs, it\u2019s crucial that companies know how to effectively manage a remote workforce. KnowledgeCity can help you and your managers get up to speed with the latest strategies and best practices for managing a cohesive team and avoiding claims of remote work discrimination.\u00a0<\/p>\r\n\r\n\r\n\r\n Our Managing Remote Employees<\/a> video training course covers everything from communicating effectively with staff members to balancing work schedules and getting to know your team. Building a remote work culture is an emerging paradigm, and our training courses are designed to thoroughly familiarize you and your managers with current strategies and techniques. Choosing the best tools for communicating as a remote group leader can make a significant difference in being able to engage, inspire, and motivate your team.\u00a0<\/p>\r\n\r\n\r\n\r\n Another video series we offer, Humanizing Connections in the Digital World<\/a>, provides practical insights into virtual coaching, video conferencing etiquette, and remote work politics.<\/p>\r\n\r\n\r\n\r\n![\"Smiling](\"https:\/\/www.knowledgecity.com\/blog\/wp-content\/uploads\/2022\/03\/Remote-Work-Discrimination-and-How-HR-Can-Prevent-It.jpg\")
<\/p>\r\n\r\n\r\n\r\n\r\n\r\nTypes of Remote Work Discrimination<\/span><\/h3>\r\n\r\n\r\n\r\n
What Should HR Do?<\/span><\/h3>\r\n\r\n\r\n\r\n
Other Perspectives on Remote Work Discrimination<\/span><\/h3>\r\n\r\n\r\n\r\n
Resources Available for Preventing Remote Work Bias<\/span><\/h3>\r\n\r\n\r\n\r\n