Focus: Employment Law

In 2026, the “Return to Office” wars have moved from the HR department to the courtroom. The central legal theme of the year is Proximity Bias—the unconscious (or conscious) favoritism of in-person employees over remote ones.

The “Promotion Discrimination” Claim

A landmark 2026 class-action lawsuit against a major tech firm set the precedent: if a company’s promotion rate for in-office workers is statistically higher than for remote workers with identical performance scores, it may constitute Disparate Impact Discrimination.

Courts are now looking at “Opportunity Access.” Did the in-office workers get invited to “off-the-record” meetings where decisions were made? If so, and if the remote group is predominantly composed of protected classes (e.g., women with childcare responsibilities), the employer may be liable under Title VII.

The Right to “Digital Disconnect”

Following the lead of the EU, several U.S. states have introduced “Right to Disconnect” laws in 2026. These laws make it illegal for an employer to retaliate against a remote worker who does not answer emails or Slack messages outside of their “contracted digital hours.”

Camera-Off as a Reasonable Accommodation

The Americans with Disabilities Act (ADA) has been expanded in 2026 to include “Video Fatigue” and “Sensory Overload” for neurodivergent employees. A “Camera-On” mandate is no longer considered an “Essential Job Function” for most roles. Employers who insist on video-on for every meeting without a specific business necessity (like a client presentation) are finding themselves on the losing end of EEOC complaints.