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County to pay $150,000 to claustrophobic ex-employee who worked in cubicle
Las Vegas Sun ^ | July 5, 2011 | 2:24 p.m. | By Joe Schoenmann

Posted on 07/05/2011 3:49:20 PM PDT by redreno

Clark County commissioners approved Tuesday the payment of $150,000 to settle a lawsuit by a former University Medical Center data technician diagnosed with claustrophobia, a condition that arose when she was forced to work in a cubicle.

Jayne Feshold was a data technician hired by the county-run hospital in 1999. Her suit says she "worked without incident" until May 2007. Then the hospital's medical records department was moved to a new building and she was assigned to work in an area "consisting of a small cubicle workspace instead of a more open environment."

(Excerpt) Read more at lasvegassun.com ...


TOPICS: Culture/Society; Government; US: Nevada
KEYWORDS: action; affirmative; clarkcounty; feminism; fraud; lv; nevada; publicunions; romanticism; union; vegas
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1 posted on 07/05/2011 3:49:23 PM PDT by redreno
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To: redreno
Then in February 2008, she filed a request to be accommodated under guidelines of the Americans with Disabilities Act — she wanted to work in more open space. The suit says two doctors made similar diagnoses of claustrophobia.

And people wonder why companies don't want to hire people in America...

2 posted on 07/05/2011 3:54:39 PM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: redreno

3 posted on 07/05/2011 3:57:07 PM PDT by Paleo Conservative
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To: 2banana

I had one customer, they had about 150 people in a small room. Each employee had about 30 inches of desk space to work. Just enough for a keyboard and a mouse.

They couldn’t figure out why they had a high turnover rate.


4 posted on 07/05/2011 3:57:33 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

There was this 1 company near the international airport years ago that my company sent me to to fetch the contracts of a building lease and it had 50 employees in this one room which I could term the men’s room.

There was this dark negativity in the air, and the looks on the faces of the employees were one of despair. The president of the company was some jerk Bangladeshi guy and by reputation, the highest turnover rate in the area. they were always posting ads on Craigslist...EVERY DAY.


5 posted on 07/05/2011 4:07:18 PM PDT by max americana (FUBO NATION 2012 FAK BARAK)
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To: driftdiver

The room couldn’t be all that little in order to get 150 souls in there side by side but yeah, that’s about 6 inches more per person than at the average dining table. Hey, they should at least have sprung for trackballs.


6 posted on 07/05/2011 4:07:24 PM PDT by HiTech RedNeck (Hawk)
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To: redreno
"The settlement will pay Feshold $89,012.91 and $60,987.09 to her attorney."

Shame (do we have such a concept anymore) on the lawyer who manufactured this case and then raised the expenses to make it cheaper to settle than try the case...where this woman would have lost under the ADA. Claustrophobia is an irrational but very real fear with which I am familiar. True terror would not allow this woman to return to the cubicle day after day. Her supervisor moved her seat, she got mad and quit, and hired an ambulance chaser to get revenge. $10 says she drives a "smart car".
7 posted on 07/05/2011 4:08:25 PM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: max americana

Hell for a claustrophobe, heaven for a claustrophile.


8 posted on 07/05/2011 4:09:03 PM PDT by HiTech RedNeck (Hawk)
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To: HiTech RedNeck

On top of it they had all of their ‘employees’ set up as 1099 contractors. Of course they didn’t meet ANY of the requirements to be 1099 but the owner didn’t want to pay taxes.

There are some really crappy bosses out there.


9 posted on 07/05/2011 4:12:23 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: LostInBayport

Not challenging your statement, but isn’t it reasonable there are degrees of phobias as with most things?

Some people have extreme, incapacitating claustrophobia and others have a somewhat milder version?


10 posted on 07/05/2011 4:13:14 PM PDT by Sherman Logan
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To: redreno

11 posted on 07/05/2011 4:20:08 PM PDT by TenthAmendmentChampion (Darwinism is to Genesis as Global Warming is to Revelations.)
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To: LostInBayport

It’s ironic when a medical facility, which probably would have been more than glad to have her for treatment as a mental patient, denies reasonable accommodation in the presence of such things. Such denials are SOP for facilities that are faced with accommodation requests they consider a nuisance — and the facility had already demonstrated that it could (what was the cost of the larger office? was it exorbitant?). They are dares “so sue us.” She did. A medical facility couldn’t find any doctors to put the lie to her claim? Unless you’ve lived it or scientifically studied it don’t try to define it.


12 posted on 07/05/2011 4:20:18 PM PDT by HiTech RedNeck (Hawk)
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To: Sherman Logan

You’re probably right...phobias affect people differently. I think what irritates me is the idea of trying to accomodate all of those phobias in varying degrees under the ADA. Who would ever lose a demand for accomodation?


13 posted on 07/05/2011 4:20:21 PM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: Sherman Logan

“Some people have extreme, incapacitating claustrophobia and others have a somewhat milder version?:

Abdo-lutely! I have fairly mild claustrophobia. But don’t shut the door on me in a small room! My Doc’s nurses know to leave the examination room door open. Yeah,,, it’s irrational. I put large sliding glass doors in all the rooms on my main floor,,, except the bathroom. I once did a remodel job for a gal that had it so bad, that I had to install sliding doors within her condo.


14 posted on 07/05/2011 4:20:43 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: TenthAmendmentChampion

man they nailed that movie


15 posted on 07/05/2011 4:24:49 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
I had one customer, they had about 150 people in a small room. Each employee had about 30 inches of desk space to work. Just enough for a keyboard and a mouse.

Obviously, they didn't read "Peopleware". When working space drops under 46 sq ft per employee, the noise density in the environment becomes an overwhelming distraction and killer of productivity. It takes about 20 minutes to get into the "flow" state when doing a task. An interruption every 15 minutes guarantees destroyed productivity. Controlling phone interruptions and having a door to close makes a huge difference.

16 posted on 07/05/2011 4:27:35 PM PDT by Myrddin
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To: Dr. Bogus Pachysandra

I’ve had patients that have this fear and insist we leave the door open. But then we run into HIPPA concerns, because the patient can hear our other patients. And some of the claustrophobic patients also have paranoia. They WANT to hear what we are saying about THEM. We can’t win!


17 posted on 07/05/2011 4:31:30 PM PDT by boop ("Let's just say they'll be satisfied with LESS"... Ming the Merciless)
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To: Myrddin

Their motivational strategy included a lot of yelling.


18 posted on 07/05/2011 4:32:01 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: LostInBayport

I believe the idea (and yes, there have been a lot of egregious abuses of the ADA, such as public places where there were always personnel present to help handicapped visitors get around, but they were illogically forced by Uncle Sam to put in expensive special equipment anyhow) is that the cost or effort of the work accommodation should not be exorbitant or prevent any necessary job feature from being carried out. So if you have a bad back, you won’t get an accommodation in a ditch digger job. It would apply to H1B’s and green card holders as well as US citizens.


19 posted on 07/05/2011 4:33:49 PM PDT by HiTech RedNeck (Hawk)
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To: boop

They don’t worry about me! I have such bad tinnitus, that I can’t hear people speaking directly to me at normal levels!


20 posted on 07/05/2011 4:34:58 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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