Is this discrimination?

[acoustix]

What is the name of your state (only U.S. law)? South Carolina

I requested a work from home accommodation on the basis of ADD and high blood pressure. HR spent a month looking to move me to another spot within our building, but did not find one, and recommended noise cancelling headphones. I asked why my original request was not considered and they stated something like it would "hurt the business or organization" but did not mention why (because it wouldn't). I know several other people within the company that work from home full-time (with no disability). Would it be considered discrimination that they are not allowing me the opportunity to work from home? Should I request a specific reason that I am not being allowed to work from home? Should I get an attorney? I really can't afford to pay an attorney right now. By the way, this is a fortune 500 company so they probably have good attorneys, but they may be give in in order to avoid a lawsuit if there is something specific I can do to push them in that direction. Thanks for your help.

 

[cbg]

The law does not require that you be granted the accommodation you wish, or even the one the doctor recommends; only one that works. If the noise cancelling headphones will work, the employer has complied with the law.

 

[acoustix]

The law does not require that you be granted the accommodation you wish, or even the one the doctor recommends; only one that works. If the noise cancelling headphones will work, the employer has complied with the law.

I understand that. Sorry I forgot to mention I have read the law and cases several times and I have already tried noise cancelling headphones and they are just as distracting and give me headaches. The main reason I posted here was to question if this could be considered discrimination since other people are working from home.

 

[TigerD]

I understand that. Sorry I forgot to mention I have read the law and cases several times and I have already tried noise cancelling headphones and they are just as distracting and give me headaches. The main reason I posted here was to question if this could be considered discrimination since other people are working from home.

No, it isn't discrimination. Your employer may not believe you are capable of working from home. Some people don't need regular supervision; some do. You might want to start looking for a new job. You may not have a long future there.

DC

 

[cbg]

COULD it? Sure, maybe, depending on all the facts. But it is not anything close to a clear cut, got a carved in stone discrimination claim to sue for, either.

Once again, nothing in the ADA says you have to get the accommodation you want.

 

[acoustix]

OK thanks for the help. DC you are way off - I have been there 10 years and am the top producer on my team. I'm not trying to weasel my way out of work - I have a legitimate health concern. I have seen people get fired for legitimate reasons and be back in a month after threatening a lawsuit. But they don't care to keep the good employees happy.

 

[TigerD]

OK thanks for the help. DC you are way off - I have been there 10 years and am the top producer on my team. I'm not trying to weasel my way out of work - I have a legitimate health concern. I have seen people get fired for legitimate reasons and be back in a month after threatening a lawsuit. But they don't care to keep the good employees happy.

I didn't say you were trying to weasel out of work. I don't doubt your health concern. But you opened the ADA can of worms and they do not seem to be very concerned with your needs - by your statements. Therefore, if you are the squeaky wheel with a large potential liability if something were to come from an ADA complaint in the future, it makes sense to find a reason to remove you from the pool before you pee in it. An important task of management is removing problems before they start disrupting operations.

Good luck.

DC