A tale of non-accommodation

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Two years ago, in my mid-50's, I was officially diagnosed with AS. FINALLY, my whole life had an explanation! I requested accommodation at my work, specifically getting a quiet place to work (instead of CubicleLand). My boss’s immediate reaction to the noise issue was that I needed a private office, and I agreed that was the best solution; in fact, there were some offices on the floor below that had been vacant for some time, and would have been quite suitable. However, upper management and Personnel initially refused to offer any meaningful accommodation whatsoever, choosing a policy of “least interference” (meaning least possible expense for the organization). They flatly refused to consider moving me to one of the vacant offices, saying they “had plans for those offices” and were “concerned about equity” -- ??!? They finally decided that the best solution would be to put me in a special cubicle with walls higher than normal (but not ceiling height). Not wanting to draw attention as the weird guy in the weird cubicle, I refused their so-called solution. Finally, with no help whatsoever from any of the parties involved, I found some noise-blocking software that was effective in blocking out most of the workplace noise, albeit via headphones.

Two years later (four months ago), construction on the floor forced a temporary relocation of some people (including me), and I actually ended up in one of the still-vacant offices on the floor below. The difference was absolutely amazing: peace and quiet, control over lighting and ventilation, heightened concentration and focus, increased productivity and reduced stress – no headphones needed. It was indescribably wonderful! However, after three months the construction was nearing completion, and I feared that soon they were going to force me back upstairs.

Deciding to be pro-active instead of reactive, I wrote out a formal request for additional accommodation, including a request that I be allowed to stay in the office. I told them how much more productive and less stressed I was being there. I said that my being in the office had not caused any problems regarding interaction with my supervisor and co-workers, that I was always available by phone and responded quickly to e-mails, and that I could walk to any office on the floor above in less than three minutes. I stated that since my being in the office had not interfered with accomplishing the unit’s tasks and had allowed me to be more productive, I ought to be allowed to remain in the office, which was a far superior solution to the headphones and noise-blocking software.

After some struggles over several weeks trying to get people to take my request seriously, I was finally told last week that they had decided to move me back upstairs into a cubicle because they plan to turn the downstairs offices into group meeting rooms (or so they say). Needless to say, I was absolutely disheartened, disappointed and discouraged to the point of absolute despair. I told them that since my request for accommodation had been in written form, they needed to respond in writing as well, that everyone involved in the decision process needed to sign the response, and that the response needed to include words to the effect that the need for an additional group meeting room superceded my need for accommodation. They claim they are producing said documentation, although I suspect they are busily conjuring up tons of weasel words to obscure the reality of the situation.

After stressing and storming over this situation for about a week, my strong inclination at this point is to tell them that my moving out of the office is logically indefensible and generally stupid, and I refuse to do stupid things for stupid people in a stupid organization – anymore – so I will quit. I realize that co-workers with minds both small and narrow would think that I'm quitting just because they wouldn’t give me an office, but to me it’s much more than mere petulance; it’s quitting in protest of their chosen philosophy of “least interference”. Basically, I think they had an opportunity to do something that would be very helpful to someone who needs it, but they deliberately chose to do otherwise.

I have nowhere else to go and precious little financial reserves, so my quitting in itself might well be considered stupid, but I think for my sanity’s sake I have no other choice. I have been losing lots of sleep over this situation, besides flying into private tantrums and medicating with food, movies, and mindless TV. The day after they told me they were moving me back upstairs, my arms were actually sore from my having shaken my fists so vigorously the night before (okay, so I don't work out much). It’s literally killing me, and I feel that I have to do something about it.

Well, that’s my rough-told tale, and I feel a bit better for having shared it; hope it might be of some value to others. Comments are most welcome …

Funnily enough, my hands give me a lot of problems (RSI) and I often use voice dictation software (Dragon). I said that I couldn't use it in cubicland without disturbing everyone so they moved me to an office. I'm the only one with an office, not even the CEO has one.

I'm a little more productive, but not much more because I constantly have people coming into the office. In fact, my team now schedule all their meetings in here.

it's all about the hierarchy; only important people 'rate' an individual office. Being from 'prarie-dog' town, they think you 'rate' a cubicle, and that's it. Only by being promoted to mid-level management do you get a door that closes.

Been there, done that. Had a cubicle for years. Finally, with downsizing etc, we were down to 2 people in a space for 7. So they booted us to an office (actually a converted videoconference room). But the flip side is that once your door is closed, they can't really tell if you're working or not. Such happened to me. I now have an office with a door that closes; but it's in a warehouse, and my boss is next door. We can talk through the walls without raising our voices...and I have to work twice as hard to prove I'm working at all...

it's such a load of you know what; that's why the senior management get corner offices; they really care about that stuff...

Wow, that's tough. I don't know if this will help, but this is what I might try to do in your situation.

One, if possible go to a psychitrist and explain your problem. If you can get a professional to back you up in saying that forcing you to go back to a cubical will truly impact your health and your ability to work, then it'll put the company in a really tough position - not accommadating a valid disability is against the law, at least in Canada.

Two, speaking of laws, see if you can find what laws apply in your case. Ideally, go to a lawyer and pay them to help you identify what laws apply.

Three, try to go through the companies mission statement, and see if you can find anything that you can use to boster your arguement. I know those things are hard to understand, but if you can find something about supporting diversity or being equal-opportunity, then you can use this to strengthen your case.

Four, try to get some documentation showing your increased productivity in the private office. If your boss is willing to stick his neck out for you, get him to write a performance review of your work since getting the quiet space as opposed to your work in the cubicle. It might also be helpful to ask your other coworkers to write a supporting memo. If they balk, be honest and try to explain how much you are suffering. If you were able to get the note from the psychistrist, show them that to back up your case. If you were able to find a law or something in the company mission statement, this would be a very good thing to bring to your boss's attention when you ask - having these could protect him from retaliation.

Five, see if you can get a reporter interested in your case. What you've written here already provides a pretty good framework, and IMO you have a pretty sympathetic case. If you are able to get some of the documentation I described above, then you'll be able to back up you story. If you can, present the company with two options - either they get a nice touchy-feely article about how they're caring and attentive to their employees, for example they gave you a private office to accomadate your autism, they sure are swell; or they get a story about how they drove you to quit, that they didn't accomadate your needs, despite this being illegal/against their charter/ clearly immoral and cruel. Companies HATE bad publicity. I'd be pretty careful with this step though - if it looks like you're bluffing, the company will just blow you off. Be very sure that the damning article will be published if they don't accomadated you before you threaten.

Doing all that would be pretty daunting, and I wouldn't blame you if you don't go through with it. On one hand, if you are at the point of quitting, you really don't have much to lose; on the other hand, playing hardball isn't fun, and you need to do what is best for you. If you decide to just quit, it would be a good idea to check out banks or other federal institutions when looking for work. Many of these institutions, at least in Canada, have disablity quotas, and so have developed various programs to specifically hire competant disabled persons. If you want more info, ask and I'll try to find a few links.

Psssst! Here's a little hint. Much of the corporate world has deteriorated to the point where getting work done doesn't matter. Only the APPEARANCE of getting work done matters. Just sit at your cubical with the headphones and let them see you typing on your keyboard and clicking your mouse. Tell them you bought a special kind of headphones that takes care of the problem. If you can't concentrate, pretend to work and collect your paycheck. If necessary you will have the stability of a job as a springboard to find something else.

The only real accommodation I ask for at work it not getting disciplinary action for saying the wrong thing at meetings.

Sadly that's a very true statement. I work for a self-regulatory body and our main aim is to look like we're regulating the industry while still allowing the big players to do whatever they want.

I said this to the CEO once. He wasn't impressed - but then, unexpectedly, I was backed up by several others in our organisation.

Where has the promised utopia gone?
Well, instead of everyone working 1/3 of the week because computers do the rest...
1/3 Work very hard - at two jobs (and therefore take another third's jobs)
1/3 Don't work at all (because the first quarter took their jobs
1/3 Go to work and just zombie out

(sigh).

I gave them a letter two years ago, written by the clinical psychologist who diagnosed me, discussing the noise issue and stating that the ideal solution for me would be a workspace with floor-to-ceiling walls and a door that closed. Apparently those words fell on deaf ears ...



Lawyers = $$$, which I have not much of. Also time is a factor, as I *think* they are planning to move me next Monday.



They make a big show of supporting diversity, but as far as I can tell that doesn't include neurodiversity, which appears to be a word alien to their vocabulary ...



Trouble is, most of my work is self-directed because my boss doesn't take a great interest in what I do. The work is also not easily quantifiable, so all there is to go on is my word about my increased productivity. I have been rated an above average performer for all my years there, and I expect my next evaluation will show the same. It is illogical to me that an organization would deliberately take action to make a highly productive employee less productive



This has crossed my mind, and I expect I will probably do such an article if things go badly (as I expect they will). Trouble is, this organization is such a monolith that it probably wouldn't have much effect on them; they'd likely counter that it was just another case of a disgruntled employee being a whiny crybaby.



You are very right about that. I abhor confrontation, and strongly believe that logic should win the day in all situations. I have already been more assertive than is my nature, and it feels extremely uncomfortable to me. All I want is to be given a quiet place where I can work hard in peace; is that so unreasonable?

Thanks for your input, Speckles - - I'm starting to consider emigrating to Canada ...

Ummm ... I appreciate the suggestion, but I don't think that would work too well for me. Sad to say, that job is my reason to get up in the morning, and I get most of my self-worth from working hard and being productive and USEFUL in a meaningful way. I think pretending would do me more harm than good



Hey, good idea! I never thought of that; I should add it to my original request, which would probably really put them in a dither. While I'm at it, maybe I should ask for accommodation for my tendency to ask a *lot* of questions, which I notice seems to really annoy some people.

Keep in mind the ADA rules require only a "reasonable accommodation" and since that is left up to the employer it leaves it open to interpretation as to what is "reasonable". I think I've read somewhere part of the reasonable definition is it must cost under $1000 so I could see them saying having a special office for you might go above and beyond that.

I think you need to find a way to deal with the situation though because you would be dumber than dumb to quit that job considering the current state of the economy. There aren't many jobs available at the moment between hiring freezes, lay-offs and companies having low profits. For someone with extreme sensory issues such as yourself you may be hard pressed to find another employer willing to accommodate you so you're best bet is stay put and find a compromise. Perhaps you can meet your employer half way by taking medication or having therapy to address your sensory overload issues.

I'd like to know where you got that $1000 figure. Here's a link to the US Equal Employment Opportunity Commission's page on Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act --

http://www.eeoc.gov/policy/docs/accommodation.html

It's pretty lengthy, but just skimming through it I didn't see anything about a cost limit, nor did I see anything indicating that allowing a person to occupy an existing vacant office (not a "special" one) would not be "reasonable" or would cause an employer "undue hardship".



Believe me, I am well aware of "the current state of the economy". However, I have not detailed all the ill treatment I have suffered in my job, even before I disclosed my AS to them. More than one person has told me that I am "dumber than dumb" to have stayed there this long.



I don't think any part of my tale portrayed my present employer as being especially "willing to accommodate" me, other than offering to put me in a weird cubicle and buying the noise blocking software (>$40). They refused to allow me to occupy an office that remained vacant for TWO YEARS, that is until it was convenient for them due to the construction on my floor. And what about their stated policy of "least interference"?

Besides, what kind of "compromise" would possibly be effective? And what kind of "medication" or "therapy" would possibly reduce my physical sensitivity to noise?

I appreciate your interest, Ticker, but your advice makes me a bit suspicious -- are you possibly a manager of some kind?

Man, that sucks . I'm still young and idealistic, but stuff like this makes it hard to keep my Pollyanna attitude. Plus, Canada's doing pretty well right now economy wise, there's even a worker shortage in Alberta thanks to the oil sands. Maybe that'll change in a bit, particularly with all this anti-NAFTA talk, but right now things are good. Makes it hard to comprehend that employers would be such dinks.