For the first half of 2025, 21.5% to 23.7% of workers 16 or older work from home. Remote workers make up a significant part of the workforce, but it’s also work that comes with several misconceptions.

• Remote workers can’t maintain professional relationships.
• Remote workers are hard to get hold of.
• Remote workers are easily distracted and don’t stay on task.
• Remote workers can’t be held accountable for their behavior and productivity since they’re not at the office.

That fourth misconception is one we hear a lot. Just because a remote worker isn’t in the office, they’re not exempt from employment harassment and discrimination laws. Being in your home office doesn’t end obligations to follow state and federal employment laws.

Remote workers are also protected from discrimination and harassment by management, contractors, co-workers, and other parties they talk to during their work duties. Shegerian Conniff knows remote workers must understand their rights and responsibilities.

Important Federal and State Employment Laws Extended to Remote Workers

Here’s a breakdown of the different employment laws that apply to remote workers.

1. Title VII of the Civil Rights Act of 1964

Federal law prohibits harassment or discrimination based on a worker’s:

• Color
• National origin
• Race
• Religion
• Sex

In addition to being protected if you’re being harassed or discriminated against for any of those above categories, you’re also allowed to report harassment or discrimination that you witness. You are legally protected from retaliation for whistleblowing or reporting discrimination and harassment that you see happening to someone else.

2. Age Discrimination in Employment Act of 1967

President Johnson signed the Age Discrimination in Employment Act into law in 1967. This law prohibits discrimination against any older worker (40 or older). Age discrimination is defined as behavior or treatment that occurs solely because of a worker or job applicant’s age.

Age discrimination includes actions like failing to promote an older worker because they’re too close to retirement. Refusing to hire an older worker because they’re closer to retirement. Ignoring a worker’s request for a raise because they’ve been there longer and already earn more than other workers.

3. Americans With Disabilities Act of 1990

The ADA didn’t become a law until 1990. It provides all workers with reasonable accommodations in order to complete job duties.

For example, a remote worker is deaf, so captioning is required in any video meetings. Employers cannot refuse because they feel it’s too much work to invest in for one at-home worker. Remote workers with disabilities receive the same protections they’d get in the office.

4. California FEHA Protections

Those are the federal laws, but California extends protections with a few other laws.

California’s Fair Employment and Housing Act (FEHA) forms the legal framework that prohibits discrimination, harassment, and retaliation for any of these protected characteristics.

• Age (40 and over)
• Ancestry
• Breastfeeding, childbirth, and pregnancy
• Color, creed, and race
• Gender and gender expression
• Genetic information
• Marital status
• Mental or physical disability
• Military or veteran status
• National origin
• Religion
• Sexual orientation

While federal rules apply to companies with more than 15 or 20 employees in any location, California drops that to 5 or more employees for discrimination. Harassment protections are required in any business, even if there are only two employees. California’s rules also protect contractors and freelancers working for the business. 

California’s Labor Code Section 2802 requires a company to reimburse its employees for any work-related expense, including internet and phone. Remote workers are also protected by California’s wage and hour laws. You get a 30-minute meal break (unpaid) for each 5 hours worked during the day and 10 minutes (paid) for every 4 hours you work. If your work exceeds 8 hours in one day or 40 hours in a week, you qualify for overtime.

If you’re a remote worker and being told that you don’t get overtime or paid meal breaks, your rights are being violated. Speak up.

5. California Wage Laws

Remote workers must be paid minimum wage or more. Working from home doesn’t mean your employer can pay less than those in the office. It’s discriminatory if that’s happening.

The state minimum wage is $16.50, but many cities and towns have set their own minimum wages. Many workers qualify for higher wages based on their city or town’s rules, as provided by Berkeley.

As of October 2024, healthcare workers must be paid the healthcare worker minimum wage if they work for a covered health care facility. If you handle medical billing for a hospital or medical facility from your home, the minimum wage of $25 applies to you. 

This increase is gradual through 2027 for most workers. Otherwise, expect to get $25 by 2029 in medium-sized counties or skilled nursing facilities, or 2034 in small counties or safety net hospitals. California’s Department of Industrial Relations has the wage schedule for health care workers.

What Actions are Considered Discrimination and Harassment in a Remote Workplace?

How do discrimination and harassment differ? With discrimination, you are missing out on something because of a protected class or condition. Harassment differs in that a protected class or characteristic is being used to make you feel bad or targeted. 

Sometimes, you might experience intersectional harassment or discrimination where more than one protected characteristic is present. The law doesn’t limit you to one protected characteristic when you file a complaint.

These actions can take place in multiple areas where a work-from-home employee is present and doing work-related tasks. It could be in a video conference, a phone call, an email, a text message, or a chat room. Discrimination and harassment might take place on a work-related social media account. The offensive or discriminatory action might happen outside of normal working hours, too.

You don’t have to live in California to be protected by California’s employment laws. They protect out-of-state workers who work for a company in California.

During the COVID-19 pandemic, a woman was hired as a manager for a New York office. The job terms were that she’d work from home in Georgia during the pandemic and then relocate to work in the office in New York.

When she was offered a project in Missouri instead of New York, she rejected it due to the racial unrest at the time. Her new employer continued to push her towards this team in Missouri, even after she refused the project. Meanwhile, non-African-American managers were offered projects in the area. 

Eventually, she filed a racial discrimination claim and was fired. This helped establish rules that an employer must extend the same employee rights to all workers, whether they live in the state or not.

Employers are liable for any harassment or discrimination that happens in the work environment, whether it’s a remote workforce or not. There needs to be guidelines in place and steps workers can follow if they experience harassment or discrimination, or witness it. Clear guidance on what to do is an employer’s responsibility.

What Can You Do?

If you feel you’re being harassed as a remote worker, start by telling the person who harassed you that you want the harassment to stop. Then, tell a supervisor or your HR department. You should have guidance on who to tell in your employee handbook.

Record each incident and save any emails, chat screens, or text messages. They’re the evidence you need if you need to take your employer to court or to prove your claim in order to reach a settlement.

Don’t forget, you’re also protected from retaliation. You can file a complaint without fear of being fired or experiencing additional harassment.

You Don’t Have to Stay Quiet

As a remote employee in California, take the time to fully understand your rights. If you believe you’ve witnessed or experienced harassment or discrimination, you don’t have to accept it or stay quiet.

Shegerian Conniff’s team of expert workplace discrimination attorneys is here for you. We’ll go over your complaint, determine if you have a valid case, and help you navigate the next steps. Reach us online to schedule a free legal consultation.