Reasonable Accommodation Doesn't Seem So Reasonable

[VT86]

Last week I asked for a reasonable accommodation at work. One of the things that I do at work involves sitting in a room with noisy equipment to "process" blood samples. I have to sit with my back to the door, so people startle me coming in because I can't hear them, and the room is locked. I asked to switch duties with my coworkers. They would do that and I would do other duties. We would still be there the same amount of time, so it's not like they would have to stay at work later than I did or anything, and it is something that we all know how to do. They all can perform this task.

My employer has decided that placing a table in the middle of the room facing the door is sufficient. That way I won't be facing away from the door and I should see anyone coming into the room. And they said that "maybe" I could leave the door open while I'm in there. The problem is that if I'm concentrating on the samples I may not notice someone coming in with the noise of the machines. Or if someone shuts the door. They won't switch my duties with my coworkers. They made it seem like they won't even consider any other options. I am sitting here in tears and having panic attacks about going to work and having to sit in a locked room full of noisy equipment all day.:cry:

I also feel like making me sit in a room with my own "special table" is going to make me really stand out as far as my coworkers go. They are going to start asking questions about why I'm not sitting at the counters where everyone else sits. It seems like I'm in for a lot of questions and embarassment:(.

 

[catjudo]

I don't want to sound insensitive, but it sounds like they are offering a reasonable accommodation. Asking them to switch job duties with another employee...that's not really a reasonable accommodation. Why should that other employee have to change jobs to accommodate you? You said the issue was because you had your back to the door and they've come up with a way that you can still perform your job duties and face the door without forcing another employee to change jobs. That's pretty much the definition of a reasonable accommodation.

You worry that sitting at a different table might make you stand out to others. Wouldn't it have stood out to others if someone was forced to completely switch jobs with you?

 

[DogMom731]

I have been in a similar situation (different job, but having to advocate for reasonable job accommodations nonetheless) and it is soo frustrating, disappointing, anxiety-provoking, etc. Or, at least it was in my case. Feeling "special" in comparison to coworkers does NOT help either. I don't know if you are already aware of this resource or not, but perhaps the Job Accommodation Network can help?

I do believe that, to some extent, they can provide free/low-charge consultation to you and/or your employer. Please don't quote me on this as I'm having trouble pulling up the website right now to check my facts. However; if you google "JAN" or "Job Accommodation Network" I know they have an extensive listing of articles, examples, references to various laws, etc. What I'm getting at is that there *might* (again please don't quote me) be some legal reason that they need to accommodate you in a way that doesn't further your anxiety and/or appear to be special treatment/force you to disclose your needs to coworkers. If not, poo on them because they should!!!

In the event that's NOT helpful; I'm sorry. Please know that I'm pulling for you and I know that with determination you can pull through! I'm trying to pace my breathing just THINKING about what this situation was like for me. Good luck and, if acceptable, ((HUGS))!

Also, would it be possible that an audible chime on the door might help? Maybe not a bell or buzzer (I know those sounds would startle me) but like a wind-chime or something. It would hopefully alert you to the presence of someone entering. Just a thought...

 

[Loner]

This doesnt solve everything, but I am guessing the counters are higher with different chairs than the table? You could respond to co workers questions with a lie about back problems or something requiring a different seating position?

 

[VT86]

DogMom- I actually was going to give JAN a call tomorrow when I get a chance. I've had their site bookmarked for a while now. It's frustrating that my employer won't even consider how much anxiety and embarassment I will feel to stand out so much. I try very hard to hide most of my symptoms, and I feel like this is just going to make it very obvious that there is something "wrong" or "different" with me. They won't get any type of sensor since I wouldn't be able to hear it and it's not an area that I have to be in everyday. And as one coworker says I have a tendancy to jump like a "scalded cat" at most noises.

Loner- Yes the other areas are countertop height. Unfortuneatly all of the chairs are the same. They adjust to different heights, so I can't use back problems as an excuse, but maybe I can think of something before then.

Thank you both for the advice.:tup:

 

[VT86]

Catjudo- No it wouldn't make me stand out because both of the duties are something that we all do on my team. We all know how to draw the samples and process them. What I asked for was instead of processing the samples I would be the one drawing them. Since everyone on our team does both of these reguarly no one would notice the difference. This isn't something that any of us do every day, so it's not like one person would be doing it everytime.

There actually is something on the EEOC site about switching marginal duties with coworkers. Which is what this particular duty is. It's kind of like doing the dishes and deciding who is going to wash and who is going to dry.

 

[Barconian]

I'm not saying a word

 

[catjudo]

Yes, one possibility when working with an employer to find a reasonable accommodation can involve restructuring your job to eliminate non-essential job functions. Sounds like maybe you and your employer don't agree that this is a non-essential job function. And while your employer should not be disclosing your health status, they are not under any obligation to provide your reasonable accommodation in a way that does not allow others to know you're getting that accommodation. In fact, one aspect of providing a reasonable accommodation under the ADA can sometimes involve educating or re-shaping co-worker attitudes if appropriate to the situation (I'm not saying that's appropriate here, just that they don't have to accommodate in a way that keeps your circumstances hidden.) The bottom line is your employer does not have to give you the exact accommodation you're requesting as long as they make a reasonable effort to provide an appropriate accommodation for the situation. I know you're upset and emotional and don't want to hear this, but it honestly sounds like they've done that.

 

[Barconian]

Yes, one possibility when working with an employer to find a reasonable accommodation can involve restructuring your job to eliminate non-essential job functions. Sounds like maybe you and your employer don't agree that this is a non-essential job function.

Perhaps... You expect too much or is it I accept too much?

 

[catjudo]

I'm not sure I follow what you're saying, @Barconian. ??

 

[DMerish]

VT86 - I work with executives, health professionals and the human resources dept of a large international company. What catjudo said was a broad overview as to how employers go about addressing employee concerns and implementing laws that say they have to. IMHO the action your employer took, i.e. placing your table in the center/towards the door seems like a plausable solution. But it's not

It's not a solution because of your startle reflex, and your startle reflex is largely dependant on how much attention you are focusing on something and having free-flow focus available. In other words, because of the surrounding sounds your mind has to work over time to tune them out so you have concentrated focus available to the task you're doing. One way to remedy the situation is to wire the door electronically so that it changes the lighting.

We have a scientist that works in a lab with a few other people who complained of the issue you struggle with. The door into the lab (where he works) was wired to the electrical lights. When the door is opened, the lights dim a little bit then come back up. We're talking a second, or fraction of a second - not enough time to interrupt someone's work but enough visual change for the person that needs the accomodation to recognize. It takes other employees a 1/2 day or so to get used to it, but since the dim is brief and it's not something in their consciousness that needs attention (unike you), the first coupld of times it's just a teensy tiny bit annoying - and later forgotten.

 

[VT86]

DMerish- Thank you for the suggestion. I didn't know that they even made sensors that could hook into the lighting like that. I don't know that they will pay to change anything in the facility because it's a room that I have to be in maybe once or twice a month on average.

I called JAN today. They said that they felt two accommodations that would be acceptable would be either some sort of sensor or switching my duties since there are at least 30 other people who can do this one task. I have an appointment with my psychiatrist this week. I will see what he has to say. I may just have to suck it up and go with my employers accommodation whether it's helpful or not.

I have a hard time explaining my reasons for my anxiety sometimes. I don't think they understand just how much of my attention is focused on who or what is going on in the room instead of on what I'm supposed to be doing, or just how bad my startle reflex gets when I'm anxious.

Even hearing the machines seems to set off a mild panic attack and cause my hypervigilance to heighten. I'm not sure why as it doesn't seem to be linked with my trauma.