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this post was submitted on 18 Apr 2024
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IANAL, could this potentially be used for forced relocations caused by return to office mandates for previously fully remote jobs?
This is a discrimination case, which currently only applies to protected classes, such as race, religion, age, etc. But age discrimination can begin at 40 years old, so it's a class that everyone eventually gets to be a part of...if they are lucky enough to live that long.
It's also a clear discrimination case, in that the commander made it pretty clear that she was being moved because of her sex. Mandating that all employees return to the office, regardless of protected class, probably wouldn't pass the sniff test.
Only if A) the job was remote when accepted (meaning you weren't in the office before COVID), and B) you have some disability preventing you from getting to or working in an office.
I think that would still help a surprising number of people
It certainly doesn't hurt, but she won based on it being an illegal form of discrimination causing some form of harm, a non-discriminatory policy might be viewed differently.
I mean, it does unnecessarily impact specific subsets of people (people who are unable to drive due to disabilities, people that can't relocate to certain areas due to severe allergies, medical conditions that have very limited specialists available to treat, etc)
ADA covers a bit of that already, and can already be effectively welded against return to office policies, but they are individual specific exceptions to a global policy. This was targeted illegal discrimination.
Only if that job was remote because of the disability.
Otherwise, no.
*"No, not like that!" *