working from home

[StewRob]

Jurisdiction

Ohio

Hello. My employer declined my request to work from home, which is fine. But, what if some other people from the same department(same job requirements, same job title, same office) work from home?

 

[zddoodah]

Hello. My employer declined my request to work from home, which is fine. But, what if some other people from the same department(same job requirements, same job title, same office) work from home?

I don't really understand your question. If others are working from home and you aren't, then they'll work from home and you won't.

What is it that you want to know?

 

[adjusterjack]

what if some other people from the same department(same job requirements, same job title, same office) work from home?

If you are wondering if that is some sort of illegal discrimination, it isn't.

 

[cbg]

If the question is, if other people in my department are being allowed to work from home, what laws are being violated by my employer is I am not allowed to work from home, the answer is, None. There is no requirement that he allow you to work from home just because others are. Even if they are in your department. Even if they do the same job you do.

 

[StewRob]

If the question is, if other people in my department are being allowed to work from home, what laws are being violated by my employer is I am not allowed to work from home, the answer is, None. There is no requirement that he allow you to work from home just because others are. Even if they are in your department. Even if they do the same job you do.

You are right in saying that employer has no obligation to accept my request to work from home. All good. Request was declined and I am OK with that.
But recently one of fellow my colleagues in the office worked from home. There are no medical grounds for him to work from home. Is it not unfair?

 

[zddoodah]

If you are wondering if that is some sort of illegal discrimination, it isn't.

If the question is, if other people in my department are being allowed to work from home, what laws are being violated by my employer is I am not allowed to work from home, the answer is, None.

I disagree with the unequivocal nature of both of these responses. There are very obvious circumstances that could make it illegal. Thus, if the OP is wondering if that is some sort of illegal discrimination, the answer is that we can't intelligently answer that based on the facts given, and it certainly might be the case that one or more laws are being violated.

 

[zddoodah]

Is it not unfair?

"Fair" is not a meaningful concept in this context. The law does not require employers to act in a manner that comports with every individual's sense of "fairness."

 

[StewRob]

If the question is, if other people in my department are being allowed to work from home, what laws are being violated by my employer is I am not allowed to work from home, the answer is, None. There is no requirement that he allow you to work from home just because others are. Even if they are in your department. Even if they do the same job you do.

Thanks for your answer. It sounds a bit odd to me, though. I would love to work from home, as my colleague does. Is it not a sort of discrimination?

 

[zddoodah]

Is it not a sort of discrimination?

Yes, it is discrimination. Others who apparently are similarly situated are receiving a benefit that you are not receiving.

However, most discrimination is legal. It's only illegal if it's based on things like race, ethnicity, gender, religion, etc. Do you have any reason to think that the reason why you're not being allowed to WFH is one of these things?

 

[StewRob]

I disagree with the unequivocal nature of both of these responses. There are very obvious circumstances that could make it illegal. Thus, if the OP is wondering if that is some sort of illegal discrimination, the answer is that we can't intelligently answer that based on the facts given, and it certainly might be the case that one or more laws are being violated.

Thanks. A bit of a background. I work in an office as telephone operator and we have VoIP software to direct the office phones to our personal phones to allow us to work from home. Never used them before but we have been trained on them when pandemic started.
Previous request to my employer to work from home was made in the past, since Covid19 pandemic started. Request was declined. The reason was that someone has to enter the office at the start/end of each shift to transfer the calls (put a code in the phone so the calls are directed from office to our mobiles).
Recently, one of the office employees (relative of the boss, if that makes sense) worked from home. Another request was made to employer to check if work from home can now be arranged for everybody else. Employer denied that the other employee worked from home.

 

[StewRob]

Yes, it is discrimination. Others who apparently are similarly situated are receiving a benefit that you are not receiving.

However, most discrimination is legal. It's only illegal if it's based on things like race, ethnicity, gender, religion, etc. Do you have any reason to think that the reason why you're not being allowed to WFH is one of these things?

I do have. I am of a different nationality than the employee allowed to work from home.

 

[cbg]

Do you have any evidence to support a belief that, but for your national origin, you would have been allowed to work from home?

 

[zddoodah]

I do have. I am of a different nationality than the employee allowed to work from home.

OK, but that doesn't answer the question I asked. I asked if you have reason to believe that you are being treated differently BECAUSE OF race, ethnicity, gender, etc. That you're of a different nationality and also are being treated differently doesn't get you very far -- especially if the employer has a legitimate, non-discriminatory reason for treating you differently.

At the end of the day precisely nothing will be resolved here. If you want to push this to the point that you actually sue your employer, then consult with a local attorney. However, it sounds like this isn't that big of a deal for you.

 

[Zigner]

Recently, one of the office employees (relative of the boss, if that makes sense) worked from home. Another request was made to employer to check if work from home can now be arranged for everybody else. Employer denied that the other employee worked from home.

There ya go. The relative of the boss gets the perk of working from home because he's a relative. The rest of you don't get the same perk because you aren't related. That is not illegal discrimination against you.

 

[adjusterjack]

I would love to work from home

Then seek employment elsewhere where you will be allowed to work from home. That's the bottom line of your situation.