Partner Kelly Scott Quoted in Law360
Kelly Scott, Partner and Chair of ECJ’s Employment Department was quoted in a May 2022 Law360 article titled, "Why 'Proximity Bias' Is A Term Employers Should Get To Know.”
The article emphasizes the possible legal risk employers may face regarding proximity bias towards employees working from home. As dangers posed by Covid-19 begin to dissipate, employers may want their workers to return to the office, however, legal experts warn that favoritism towards in-office employees can expose businesses to discrimination claims.
Kelly has observed that hybrid workplace environments have the potential for individuals to grow resentment towards those working from home rather than in the office. Kelly states, “in more extreme situations, those who come in more frequently receive workplace rewards, while those who do not are the targets of snide remarks and other forms of overt or subconscious pressure to change their work habits.”
Bias based on a person’s physical proximity to their boss is not explicitly covered under federal or similar state laws, employers can still find themselves on the legal hook if teleworkers can connect any mistreatment they face to protected characteristics.
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