Audience Polling

The Risk-Benefit Equation for Remote and Hybrid Work: Performance Tracking, Disability and Harassment Claims, Data Protection and Privacy

January 25, 2022 10:00am

Elina Basham
Corporate Counsel

Jonathan Kurens, Esq.
Senior Vice President
Marsh USA Inc.

Sami Asaad
Partner and Chair, Home Healthcare Practice Group
Ford Harrison

Remote and hybrid work arrangements provide much needed work flexibility, but also present new legal risks and uncertainties.

  • Managing requests for a remote work accommodation due to a medical condition
  • Dealing with out-of-state remote workers: Cross-border legal and tax compliance considerations
    • Interplay of other states’ civil rights protections and unpaid/paid leave requirements
  • Cybersecurity: Using simulated platforms to test employees on threat detection
  • The interplay between remote work performance tracking technology and privacy law limits
    • Social media laws (including in Arkansas) that prohibit employers from requesting employees’ login information for social media sites
    • Monitoring and recording telephone conversations, Zoom and Teams calls, emails, and internet usage outside of legitimate business purposes
    • ADA, HIPAA and GINA: Related laws triggered if employers breach employee medical and health information
    • Preventing FCRA pitfalls when making hiring decisions
  • Disability claims: Drawing the line between reasonable accommodation and “undue hardship”
    • The scope of accommodation for employees working from home or employees not given the option to work remotely
    • Claims around non-ADA compliant company websites: Understanding Web Content Accessibility Guidelines (WCAG) standards and ADA Title III requirements
  • Confidentiality, the need for “A Room to Zoom”, and cybersecurity/data protection
  • Managing evolving harassment claims amid a remote workforce
  • Training managers responsible for implementing a remote workforce policy