Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
I work for an agency that utilizes telework. My supervisor, while allowing us to telework, requires that on telework days, we complete two locally created telework-record logs which must be submitted on a weekly basis. No one is required to complete these while on travel status or when working in the office, and as far as I’ve been able to tell, no one else in the agency does this.
Since this is treating teleworkers differently from non-teleworkers, is the added requirement of the telework logs permissible? If not permissible, what would be the appropriate manner to address the issue?
A:
“Teleworker” status is not a protected category as is race, gender, etc. Thus, your agency is permitted to treat you differently because of your telework status. The different treatment should be, however, reasonable and at least in harmony with the agency policy. You may have a grievance if you believe the requirement for logs is unreasonable or in violation of the agency policy.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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