Q: COVID-19 Different requirements for returning to office, depending on whether one has children...
I work for the Feds. At my particular agency, local (Calif) leadership is contemplating rules for staff return to the office at the end of this month (August). We've all (<50) been telecommuting since mid-March. It's loosely being proposed that those with children... be permitted to continue telecommuting... as long as schools remain closed/or the parents opt to keep their kids home from school. It's proposed that those of us without children, be mandated to return to the office. Wouldn't such a policy be unfairly discriminatory? Illegal? In case it's not obvious... our 'practice' is to *not* include HR in such decisions/internal office discussions. Our "leadership" hasn't that background/expertise. Possible plot twist: On paper, we're all considered "essential workers," owing to our affiliation with our broader agency. So, I fear that we are basically at the mercy of unchecked, inexperienced local leadership.
A:
Would it be discriminatory? Yes. Any time someone is treated differently than others, it is discrimination. Is it unlawful? No. Having children at home is not a protected class under any protective statutes.
What the employer is contemplating is lawful.
Good luck to you.
1 user found this answer helpful
A:
I believe that your fear is well founded, and I agree with all that Mr. Pederson said below. But! It could be a thinly veiled attempt to discriminate based on marital status, which is a protected category. I suggest you file an internal EEO complaint of discrimination based on marital status. This will get kicked upstairs to HR and they will know what that "local" leadership is doing. There does not seem to be a legitimate Business necessity to discriminate on the basis you have described.
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1 user found this answer helpful
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