In recent years, remote and hybrid work have become a normal part of many employees’ lives. For some, it has offered flexibility, improved health, and a better work-life balance. But along with this shift has come a dangerous myth — that workers lose legal protections once they are out of the physical office. As Texas employment lawyers who fight for workers’ rights, we want to be clear: whether you work from a cubicle, your couch, or a kitchen table, employment laws still protect you.
Discrimination doesn’t disappear just because it happens over Zoom.
Equal Opportunity Law Still Applies to Remote Workers.
Federal laws such as Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) protect employees from discrimination based on characteristics like race, gender, disability, religion, age, and national origin. These laws apply to remote workers just as they do to onsite employees.
And Texas state law — particularly the Texas Labor Code, Chapter 21 — likewise prohibits discrimination and retaliation against workers who perform their work in Texas, even if their employers are based elsewhere.
How Discrimination Shows Up in Remote Work
While remote work might shield employees from certain in-person hostility, discrimination has found its way into the virtual workplace in subtle — and not-so-subtle — forms. Some common examples include:
- • Exclusion from meetings or opportunities that could lead to advancement
- • Unequal workload distribution based on bias
- • Negative assumptions about productivity because of disability or caregiving responsibilities
- • Harassment through digital communication — emails, chats, and video calls
- • Forced return-to-office policies imposed selectively on protected groups
- • Retaliation for requesting remote work as a reasonable accommodation
- • Pay inequities that deepen because remote employees are “out of sight, out of mind”
Remote work hasn’t eliminated discrimination — it has simply changed where the harm occurs.
Reasonable Accommodations Are Still Required
The ADA requires employers to provide reasonable accommodations to workers with disabilities, and that includes:
- • Continued remote-work arrangements
- • Modified work schedules
- • Additional breaks
- • Assistive software or equipment
- • Adjusted expectations during flare-ups or treatment
Many employers approved remote work during the pandemic — proving it was feasible — but then refuse to allow it as a disability accommodation later. Courts across the country are taking a harder look at this inconsistency.
If remote work enables you to do your job successfully while managing a disability, you have the right to request an accommodation and engage in the interactive process — even from home.
Retaliation Is Still Illegal
Whether you are in-person or remote, your employer cannot retaliate against you for:
- • Reporting unlawful discrimination
- • Requesting accommodations
- • Filing with the EEOC or Texas Workforce Commission
- • Participating in a protected investigation
- • Supporting a coworker who makes a protected complaint
Retaliation remains one of the most common violations we see in remote workplaces — because employers may mistakenly believe a termination over email will go unnoticed.
Remote Workers Deserve Documentation More Than Ever
When discrimination occurs over digital platforms, the evidence often speaks louder than anything said in person. Emails, chat logs, calendar events, and Slack or Teams messages can be powerful proof.
Here’s what to save:
✔️ Harassing or biased messages
✔️ Exclusion from meetings or assignments
✔️ Disparaging comments made about protected characteristics
✔️ Pay stubs showing unequal compensation
✔️ Notes of conversations where rights were denied
Remote workers have the advantage of a written record — use it.
You Are Still Protected — and We Are Here to Help
Being physically distant from your workplace should never mean being unprotected. If you are facing discrimination, harassment, or retaliation while working remotely, you have the same rights as any worker in Texas.
And in some cases — you may have even stronger evidence.
Our firm is dedicated to helping remote employees across Texas stand up against unlawful treatment and regain control of their careers. If something feels wrong, don’t ignore it. Reach out. We are here to listen to your story, explain your options, and aggressively protect your rights.
You deserve respect — whether you are in the office or online. Let us help you make sure you get it. Contact Austin Employment Lawyers at https://www.wileylawyers.com/ or call (512) 271-5527 to schedule a consultation to discuss your situation.