Legal Question in Employment Law in Maryland

Work From Home Discrimination

My company has no written policy on work-from-home. In practice, staff have been doing so sometimes and send email in the morning as notice. Last month, I did same. When I returned, I heard from a staff that the department director told her that work-from-home was being ''abused''. Later, my direct supervisor told me the dept director asked her if i really worked on that day. She confirmed I did. Then she asked me not to do it again. Meanwhile, employees are still following this practice without any problems (inc. my dept). This morning, a colleague sent an email saying she was working from home. Seems I'm being singled out for this restriction. I want to confirm that my rights are the same as my colleagues. Can I protest this discrimination? How?

The reason might be that I took a long (8 work day) sick leave last month and my leave balance is negative. It will take about 4 months for me to accrue leave up to 0 again. That's another story though. And shouldn't be connected to this issue. Right? I don't want second-class status while I have negative balance! I want to deal with this head-on but not sure what the best way is. Please advise.


Asked on 5/02/05, 3:20 pm

1 Answer from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: Work From Home Discrimination

Your employer would of course be wise if it treated all of its employees the same. However, the big question on your facts is WHY are you being treated differently. If it is on the basis of race, sex, religion, national origin (so-called "protected classes") then your employee may be discriminating in violation of various laws. On the other hand, if none of the protected classes are involved, then your employer may simply be unfairly treating you, as opposed to violating any legal standards (that is, there is no law that says an employer has to be "nice" or even "fair" -- just that it can't discriminate based on race, sex, etc.).

On the other hand, if you were using leave time due to an illness or family matter, you may have Family Medical Leave Act rights which you should investigate.

You would do well to spend a few minutes with an attorney to go over the facts of your specific case.

I'd be happy to chat for a few minutes if you like to see if there is anything I can do to help. Just give me a ring at your convenience.

Larry Holzman

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Answered on 5/03/05, 7:03 am


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