@2h0 @OP
Discrimination by itsn't inherently illegal. However, unlawful discrimination is, and it applies when decisions are made based on protected attributes rather than ligitimate business justification, leading to disproportionate impacts against protected groups. A legitimate reason could be offering hybrid work as an incentive to draw in candidates, especially where there's a shallow talent pool.
Now, if all the employees granted hybrid status were of the same race or gender, while all others were subject to different standards, you could potentially make the case for unlawful discrimination.
But this can apply to any form of compensation. Is it unlawful discrimination if a new hire is offered a higher starting salary when compared to experienced corrent employees with the same title?
So, I'll concede that I was wrong in the OP's case and the argument could be made for labeling this discrimination. But the key here is it doesn't become unlawful discrimination b/c one person, a new hire, receives something you don't.
Lastly, I don't see anything misleading in the job posting. You could call it unfair, but not misleading.