Michele Ballard Miller and Ethan Chernin were quoted in SHRM discussing how the recent focus on the return to worksites and hybrid work, employers risk overlooking "deskless" employees who never had the option to work remotely. The employer should continually review any differential treatment of employees to make sure that the business reason for the differential still exists, said Michele and Ethan. They noted that an employer may have a workforce in which deskless workers are mostly minorities and office workers are not. In that situation, allowing office employees to work remotely but requiring deskless workers to report to work may be based on legitimate reasons during the pandemic's heights, but those reasons may wane when the pandemic subsides.
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