Is my employer legally obligated to give me a work from home option as well?
2 attorney answers
Your description of events provides no basis for allegations of unlawful conduct by your employer.
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You do not say if you are vaccinated or not. However if you are vaccinated, there is nothing unlawful about the employer requiring you to come into the office while unvaccinated personnel are allowed to work from home. While technically that difference in treatment is discrimination in the plain meaning of the word, it is not unlawful discrimination. To be unlawful, discrimination has to be motivated by your membership in a protected class of people. Being vaccinated or not is not a protected class.
Certainly it may seem very unfair that those other employees are being allowed to work from home and you are not, but an employer is not legally required to treat employees the same.
If you have a medical reason that limits your ability to work in the office, and a reasonable accommodation of that restriction would be work from home, then the laws related disability accommodation may well give you the legal right to work from home. Absent that kind of situation, you work at the office if that is what your employer requires.
Good luck to you.
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