Employee discriminated against for bicycling.

Received: Thursday, June 29, 19100 at 08:34:30

City: ANAHEIM CA

Description of incident:

MY EMPLOYER REQUIRES ME (A 30MI/DAY BICYCLIST COMMUTER) TO ENTER THE
REAR OF THE BUILDING INSTEAD OF THE SAME FRONT ENTRANCE THAT EVERYONE
ELSE USES, ON THE GROUNDS THAT "...A BICYCLIST IS OFFENSIVE TO
CUSTOMERS." SIMILIARLY I AM REQ'D TO USE THE SHOP RESTROOM INSTEAD OF
THE BETTER ONE (BY FRONT ENTRANCE, AND MUCH NEARER MY DESK) FOR SAME
REASON.

I HAD BEEN USING THE "FRONT" FACILITIES FOR 2 MONTHS WITH NO PROBLEMS
WHATSOEVER, AND WHATEVER CONTACT I'D HAD WITH CUSTOMERS (AND
COWORKERS) HAD BEEN QUITE POSITIVE. (INTERESTINGLY, I'VE OBSERVED SOME
OF OUR CUSTOMERS CHANGING INTO THEIR GOLF CLOTHES USING THIS SAME
FACILITY AND ENTRACE)

THE QUESTION THEN IS DO I HAVE THE SAME RIGHTS AS ANY HANDICAPPED
PERSON, IN THAT I SHOULD HAVE ACCESS TO THE SAME FACILITES AS MY
COWORKERS AND, FURTHER, THAT I MAY NOT BE FORCED TO USE ALTERNATE
FACILITIES? I'VE LOOKED THRU THE AMERICANS WITH DISABILITIES ACT, BUT
HAVE FOUND NO MENTION TO THE EFFECT THAT "BICYCLIST COMMUTER =
HANDICAPPED."

Were you the victim? YES

Complaint filed? YES; 

With whom? NUMEROUS COMPLAINTS TO OUR HR DEPT

Against whom? A GENERAL COMPLAINT AGAINST THE CEO'S NEW COMPANY POLICY.

What was the result? 

WAS GIVEN A LOCKER BY THE BACK ENTRACE TO ASSIST ME IN CHANGING INTO
WALKING SHOES, AS IS NOW REQ'D AS I HAVE TO WALK A CONSIDERABLE
DISTANCE (~1000 FT) TO GET TO THE RESTROOM FACILITES, NOT TO MENTION
THAT I HAVE TO ALSO GO THRU EXTRA GATES/DOORS TO GET THERE --USING THE
FRONT ENTRACE ONLY REQ'S ME TO WALK ABOUT 30 FT, AND IS MUCH FASTER
OVERALL). NOTE, I NEVER REQUESTED A LOCKER(!)... THIS IS LIKE A BLACK
BEING TOLD TO SIT IN THE BACK OF THE BUS AND, WHEN COMPLAINING ABOUT
IT, BEING TOLD "WHAT'S THE PROBLEM, WE GAVE YOU A PADDED SEAT BACK
THERE?"

INTERESTINGLY, OVER THE PAST YEAR (PRIOR TO OUR RECENT MOVE INTO THIS
NEW FACILITY) I MADE SEVERAL REQESTS TO THE CEO AND HR-DEPT ON THE
NEED FOR BICYCLING FACILITIES, INCLUDING PROVISION FOR ME TO GET TO MY
DESK, ETC. SO THIS "SITUATION" COULD IN NO WAY BE SEEN AS UNAVOIDABLE
OR UNEXPECTED. ALSO, MY CURRRENT BOSS AND PREVIOUS ONE(NO LONGER W/
COMPANY) BOTH REGULARY USED TO UTILIZE THE COMPANY RESTROOM (AT
PREVIOUS LOCATION) TO CHANGE INTO THEIR BIKE CLOTHES, AND THEN EXIT
THRU THE FRONT OF THE BLDG.


Was there legal action on behalf of the victim? NO


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