Remote Worker Discrimination: What Is It and How Can I Prove It? By Dan Atkerson on January 15, 2024

The Covid-19 pandemic brought many changes to the workforce. One change that some employers continue to adhere to is working from home. Technology and digital communication allow for an effective remote work environment, one that, in many cases, increases an employee’s work productivity.

Remote workers are independent in many ways but still interact with employers and fellow employees and may be subject to workplace discrimination. Employment law attorney Dan A. Atkerson works with victims of employment discrimination in Allen, TX, Plano, TX, Frisco, TX, and surrounding areas. Here, we discuss remote work discrimination and how to prove it so that liable employers are held accountable for resulting damages.

Examples of Remote Worker Discrimination

Remote workers can be subject to the same types of discrimination as employees who work in a traditional office setting. Common forms of workplace discrimination include mistreatment or differential treatment based on gender, age, sexual orientation, religion, or disability, all of which are legally protected characteristics.

It is illegal for an employer to mistreat employees or make any employment-related decisions based on protected characteristics. Examples of workplace discrimination in a remote work environment include:

Considering a protected characteristic when making hiring or firing decisions
Denying training, promotions, or other benefits or employment opportunities based on protected characteristics
Paying an employee at a different rate due to a protected characteristic
Harassing or mistreating an employee based on a protected characteristic

What Should Remote Workers Do if They Experience Discrimination?

Any worker who is subject to discrimination should keep detailed notes about their experiences. We advise workers to take notes regarding the action or behavior, when it happened, how it happened (over email, phone call, virtual meeting, etc.), and if there were any witnesses to the event. Any digital records (email, voicemail, texts, group messaging, etc.) of the discrimination should be saved.

Although marginalized employees may hesitate to speak out, reporting discrimination in the workplace is vital. Employers should have procedures for reporting harassment or discrimination to Human Resources. Discrimination claims can also be filed with the Equal Employment Opportunity Commission (EEOC). Lastly, we recommend reporting workplace discrimination to a knowledgeable employment law attorney, such as Mr. Atkerson. Mr. Atkerson informs workers of their employment rights and advises them on their best course of legal action.

Proving Remote Worker Discrimination

There are unique challenges when proving discrimination against an employee who works remotely, but a knowledgeable employment discrimination lawyer can file a successful claim. Mr. Atkerson works with investigators to gather evidence, such as workplace communication, employee evaluations, employment records, and witness statements, that proves the four elements of a workplace discrimination lawsuit:

The employee is a member of a protected class
The employee suffered an adverse employment action
The employee was meeting their employer’s legitimate expectations at the time of the adverse employment action
The employee was treated differently from similarly situated employees outside the protected class

Get In Touch

Remote workers have the same rights and protections as in-office employees. If you have faced workplace discrimination as a remote worker, you may be due financial compensation for related damages. To discuss your case with employment discrimination lawyer Dan A. Atkerson, contact our law firm and schedule a consultation at your earliest convenience.