What if things change over time? Your group is moved from one building (or part of a building) with offices or cubes to an open workspace. Your team merges with another, possibly in a different location, that is in an open office and you have to visit. You get older, and well-known physiological changes associated with aging make open-office noise and visual distraction harder to bear.

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.