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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Hi, I have a question related to descrimination. My boss

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I have a question related to descrimination.
My boss says that work from home is not some thing you do on regular basis and we have to be at work and that is company policy. when I worked from home 3 time in 2 month she objected for that. However from past 2 month she is been working form home more than 10 times. is this considered decrimination or not?
Good morning and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

I am sorry to hear about this understandably frustrating double standard. Unfortunatley, most forms of "discrimination" are perfectly legal. Discrimiantion is only unlawful if motivated by a legally protected trait. In California, legally protected traits include race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

If you can prove that you are being treated differently on the basis of one of these protected traits (e.g., your manager dislikes your religion and wants to punish you for it), then you would have a case of actionable discrimination. Otherwise, employers have no inherent obligation to be "fair" in their implementation of policy and are free to engage in the sort of conduct you are describing, despite it being understandably frustrating.

In short, what you describe is only illegal if it is being motivated by race, religion, gender, or some other legally protected trait. You must have evidence to support your assertion of unlawful motive to prevail in civil court.

I am truly sorry that I don't have more favorable information to provide you, but you are here for accurate information about the law and it would be a tremendous disservice if I were to mislead you for the sake of providing good news.

Please do not hesitate to contact me with followup question if you have any. I am not done assisting you until you are absolutely satisfied with my service.
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