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Is it unlawful discrimination to not promote an employee who works remotely?
It’s true. Work-related harassment is unlawful only if it is motivated by sexual interest or gender-based hostility by the victim’s membership in another protected classification (such as race, religion, or sexual orientation), or by the victim’s protected activity such as whistleblowing about reasonably perceived unlawful work-related behavior. General “abusive conduct” is not unlawful, even though California law requires harassment prevention training to address it.

The DOL unveiled its final independent contractor rule last week; it will take effect March 11. It establishes a six-factor test for...
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