The employer may pick and choose so long as their choices are not based on discrimination of a protected class (only picking or excluding people from a certain religion, ethnicity, race, gender, etc) or their choices lead to discrimination. Certainly it is recommended at this point in time that to the extent it is viable, employees be allowed to telework to some degree, if for no other reason than, to reduce the number of employees in the office at any one time and reduce the likelihood of an entire office getting sick at the same time.
Can an employer pick and choose which employees may telework? Employees in the office feel like their lives do not matter, but the ones allowed to work from home are. Note, everyone that is in the office can telework.
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