Open office high distraction setting may allow shallow work but is seriously prohibitive to deep work.
Not only did the noise increase immensely, and I went from 0 visual distraction to constant visual distraction, but the open office desks offered about 1/10th of the storage space of the cubicles we had. My desk is so cramped I'm constantly knocking stuff over, and I took home almost everything I don't actually need, save for a digital photo frame. This company treats me pretty well overall, but this open office thing was clearly a money-saving scheme, despite what they might have claimed (because 30 years of evidence shows that it's an _awful_ environment to work in, or as I would tell anyone who would listen, it's the most discredited idea since phrenology.)
The good news, of course, is that our ill-advised experiment is almost done, and I'll be back in a cubicle soon. (How times have changed... back in 2001 I had my own office! and now I'm happy to be back in a cubicle...)
I always did my job pretty well with a door that closes and my own little whiteboard. people would stop by for a chat, and we could go on for as long or as short as we liked without bothering anyone at all. we didnt spend 15 minutes going back and forth trying to find a booked conference room that happened to be empty to see if we could steal a few minutes discussion time.
what was I missing?
edit: (sorry, just to be clear, I dont think this is discriminatory, just kind of tragic)
Is it your position that in any of those situations the person should just find another job? Because that falls exactly within the definition of "constructive dismissal" and anyone with a half-way decent lawyer could win that case. In the last case you could add age discrimination for extra damages.
Discrimination is still discrimination even if "parzivalm" on Hacker News doesn't feel personally burdened by it.