#DisabilityDiscrimination #WorkFromHome #TourettesSyndrome #HR #CallCenter
Have you found yourself in a similar situation where your employer has forced you to work from home due to a disability being perceived as a distraction in the workplace? This can be a challenging and disheartening experience, especially when you have been successfully managing your condition at work for years without any issues. In this article, we will delve into the legal aspects of such a situation and provide insights on how to navigate through it.
##Understanding Disability Discrimination Laws
Under the Americans with Disabilities Act (ADA), it is illegal for an employer to discriminate against an individual with a disability. Discrimination can take various forms, including making decisions based on stereotypes or assumptions about a person’s disability. In your case, if your employer is forcing you to work from home solely because of your Tourettes Syndrome, it could be considered disability discrimination.
##Was HR’s Decision Legal?
While it may seem unfair for HR to force you to work from home due to your disability, it is essential to understand the reasoning behind their decision. HR may argue that your Tourettes Syndrome poses a safety risk or disruption in the workplace, which could potentially be a valid concern. However, if you have been successfully managing your condition at work and have not posed any safety risks in the past, their decision could be seen as discriminatory.
##Steps to Take
If you feel like you have been discriminated against and unfairly forced to work from home, there are steps you can take to address the situation:
1. **Document Everything**: Keep a detailed record of all interactions with HR, including any conversations or written communications regarding their decision to make you work from home.
2. **Seek Legal Advice**: Consult with an employment lawyer who specializes in disability discrimination cases. They can provide you with insights on your legal rights and options moving forward.
3. **Request Reasonable Accommodations**: Under the ADA, employers are required to provide reasonable accommodations for employees with disabilities. You can request accommodations that allow you to work effectively in the office without posing a safety risk or disruption.
4. **File a Complaint**: If you believe that you have been discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate your claim and take appropriate action if they find evidence of discrimination.
##Conclusion
In conclusion, being forced to work from home due to a disability can be a challenging and emotionally draining experience. It is essential to understand your rights under the ADA and take proactive steps to address any potential discrimination. Remember that you are entitled to reasonable accommodations in the workplace, and your employer cannot make decisions based on stereotypes or assumptions about your disability. Seek legal advice, document everything, and advocate for your rights. Stay strong and know that you have support in navigating through this challenging situation.
I mean, if the vocalizations are loud enough to be heard on nearby phones, I could see that being disruptive to the proper operation of a call center.
But if this is just a “other people felt emotionally uncomfortable while I was having an episode” would definitely be something that it would be worth talking to a disability attorney about.
It sounds like they may be trying to accommodate your medical condition while also considering the possibility of disruptions in the workplace. Even if it hasn’t happened in the office before, this situation showed that it can happen.
Document the change in work location and the reason with HR through an email in case they try to terminate you later but they could absolutely consider asking you to WFH as a reasonable accommodation for your condition. Enjoy what many would consider an absolute plum assignment.
So this actually seems like a reasonable accommodation provided you’re allowed to work from home entirely with no hit on your record/pay/etc.
Based on your other comments you don’t seem to realize “most” of the time being okay means “some” of the time isn’t. Kind of a decent move by the company.
Fellow touretter here. I’ve also worked in call centers, with great success. Try to work on morphing/masking your tics to more socially acceptable ones (example, turning a vocal tic into throat clearing/sniffing and then just telling people you have allergies, or turning a head-snapping tic into bangs that you then brush away from your eyes). It takes time and effort but works better than suppression. You’ll just be the guy with “all the weird habits” and not “that tourette guy who spasms all over the place.”
The other thing is Tourette’s “dirty little secret”. Nicotine. It helps suppress tics better than any pharmaceutical I or my family have ever tried. I use nicotine mini lozenges. They look a lot like tic tacs and nobody bats an eye when I pop them into my mouth several times a day.
All that said, WFH has been fantastic for me as well, so as long as you still have job security with it, enjoy it. It reduces a lot of the stress of trying to suppress or mask your tics.
If your tics don’t affect the service provided to customers… I don’t know why you would have to WFH. Sounds like the rest of the staff just need a little info session on what Tourettes is, and then everyone works as usual. I think you would have the basis for a human rights complaint, as you are being discriminated against for your condition.
NAL, just deal with this a lot. Do they not have an office or corner available to you that would also serve that purpose? Because the uppers didn’t enjoy your presence doesn’t mean it rose to the level if needing to be separated from the building. At this point you need to decide what you want. Some enjoy the WFH style, if it works for you, yay. If you perform best in office you have the right to request an ADA accommodation meeting to discuss options and you may bring a representative to assist.
Honestly it sounds like discrimination to me. The people saying it sounds like a reasonable accommodation doesn’t seem to get that accommodations are usually made when the person in need asks for it.
Having to hide away disabled employees seems like such a medieval way to deal with it.
If someone with an other disability than TS was told the same thing it would be an open and shut case. If someone was told that they were distracting because of a physical disability it would be discrimination so this should be as well.
I have ADHD and autism and am around a lot of people with other disabilities including TS (special education for people 15-25 who can’t complete a traditional education). I know someone with TS who has some pretty severe vocal tics and most of the time we don’t really talk about it unless they say something weird or funny, but never do we tell them that they are making people uncomfortable.
If someone else’s disability is making you uncomfortable, the problem is you not them.
Personally OP, I would take this as a win. A lot of people are fighting to keep their WFH contracts as companies try to revoke them. If I was being forced to WFH I’d be a very happy bunny. No commuting, no excessive socialising, but I am very introverted and keep myself to myself at the best of times so you may feel differently.