Cubicle Walls Closing In On ADA Violations

If you worked in a cubicle field like the one shown to the right,  would you feel claustrophobic? Would your employer be required to do anything about it?

Clark County,  Nevada Commissioners recently approved a $150,000 settlement in a cubicle claustrophobia lawsuit.

Jayne Feshold,  a data technician at the University Medical Center,  developed symptoms of severe anxiety after being reassigned from an open work space to a small cubicle work space. Her anxiety symptoms were so severe they interfered with her work performance. Two different doctors diagnosed her symptoms as claustrophobia.

In February 2008,  Ms. Feshold requeted an accommodation under the Americans with Disabilities Act. She asked to be reassigned to a more open work space. According to her lawsuit,  the hospital denied her request in March 2008,  stating that she did not have “a disability within the meaning of the ADA.” Ms. Feshold was fired in April 2008 because she could not return to her job.

The ADA covers anxiety disorders. But because these disorders were often viewed as temporary conditions,  individuals filing claims related to anxiety disorders were oftentimes unsuccessful in court. The ADA Amendments Act – which was signed into law in 2008 – changed the focus of the law. It emphasizes the employer’s accommodation,  rather than the underlying condition.

ADA complaints involving anxiety disorders are on the rise. In 2010, anxiety-related complaints totaled 1,335 – about 5% of all accommodation complaints received by the EEOC in that year. This represents a nearly threefold increase from 2007. Some experts are predicting an even larger increase in anxiety-related complaints in the future.

How can you avoid a situation like the one Clark County recently settled? Look at your accommodations policies and practices. Make sure that you’re engaging in an interactive dialogue with employees who request accommodations. Ask the individual what accommodations are needed. Employers aren’t required to provide the specific accommodations employees ask for,  but they are required to do something.