During the period of her employment an employee requested to work from home and the employer refused.
The Court dismissed the lawsuit and held that the fact that the employee was refused work from home did not discriminate under the circumstances of the case. The law stipulates that an employer may not discriminate in working conditions between employees in the same group. However, there is no impediment for an employer to set different working conditions for employees performing the same job when done for legitimate reasons. Here, the employee did not perform her job in a satisfactory manner. In addition, in the specific department in which she worked, the employer issued a sweeping directive according to which employees would work from the office. Thus, under the circumstances of the case, the employer exercised legitimate discretion and its refusal to allow the employee to work from home does not amount to discrimination.