Lynn Vuketich Luther Interviewed on Bias Suits for Targeting Remote Staff


Woman at home working on laptop.Employers could find themselves facing discrimination lawsuits over employment decisions made involving remote workers.

The issue of bias and remote staff was the topic of Bloomberg Law's Daily Labor Report’s article, “Employers Risk Bias Suits in Targeting Remote Staff for Layoffs.”  Daily Labor Report spoke with Eastman & Smith member Lynn Vuketich Luther regarding remote workers.  Recent surveys demonstrated that remote employees have encountered fewer promotions and higher likelihood of being laid off.

Ms. Luther emphasizes having “very objective criteria” when evaluating employees for layoffs or promotions.  Additionally, the reason for the remote work, such as for disability accommodation, “could result in a discrimination claim.”  The article also states that equity may come in to play, further highlighting the need to understand the reason an employee works remotely.

While federal law addresses employment decisions made involving protected classes, such as race or religion, states and local governments may have additional requirements.  “A lot of employers just aren’t aware that they’re on the hook for some of those state law requirements merely because they have one employee working in the jurisdiction,” cautions Ms. Luther.

Should you have any questions about employment decisions involving remote workers, please contact Ms. Luther.