this post was submitted on 25 Dec 2023
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I get what you're saying - from the article and your comment I couldn't name the group of people that it discrimates against though.
Perhaps that's a different legal blah blah but where I'm from you can only discrimate against a protected group of people (race, religion, disability, gender are the ones I am aware of).
Discrimination would be a tough sell - and a "you're creating a divide" would likely be met with a "well discuss that with your supervisor, this is a decision based on individual and team circumstances" - which leads then to the issues described in the OP.
I would be delighted if someone could bring more efficient HR confronting arguments!
How about the well-rested bonus you can bring to the workplace because you don't have to commute. It's one of the rare cases where it's actually a good idea to argue with employee efficiency as giving them even 10% of the overall gains benefits them and they might even think you're a brainless worker drone really doing it for the company.