Harrassment due to hearing issues

[vicki1967]

I have surgery scheduled with my new surgeons at the Cleveland Clinic in less than two weeks. I'm quite anxious to get this over with, but I'm also afraid to go through with it. Does anybody know of any videos that demonstrate any AN surgical procedures? I would rather see beforehand what I'm in for. I guess if it was any other part of the body I probably wouldn't be that afraid.

Also, I've attended my 'fact finding conference' at the EEOC due to the harrassment I experience at work due to my hearing problems. I sobbed as I had to describe the office secretary calling me 'deaf', 'dumb', 'retarded', and making me the office joke as she would stand behind me, pretending as if she were speaking, and when I realized she was standing there, I would ask 'what are you doing?' only to have her say 'ha!ha! you so deaf you couldn't even hear me!' On one occasion, as I was filing papers in a bottom drawer, the secretary yelled 'get out my way 'fo I kick you in yo face!!' On other occasions, the department manager motioned her hands as if she were using 'sign language' to me (I'm not familiar with sign language, as I am hard of hearing and not deaf). On another occasion, the department manager asked 'is Vicki wearing her hearing aid today?' for absolutely no reason, during a meeting, right in front of me. I sat there watching two people stand right in front of me - discussing my own personal use of my hearing aids. Since I filed the complaint, the secretary refuses to speak to me (which is fine as far as a personal level), yet, on a professional level she has tossed my client's paperwork midair onto my desk, or slams them down while walking by. She even refuses to move out of the way when crossing paths in an aisle.

I work for a very large bank in downtown Cleveland. What surprises me the most is - after I described these issues with the EEOC investigator, she asked me 'why do you stay? Can you look for another job?' and 'it sounds work-related' and 'I have people here at my job who don't like me' and, 'it's not against the law to be rude'. When the secretary passes out department-wide material, she passes me right up. Somebody ELSE has to ask for ANOTHER copy so that they could provide me with it. If the other person asks for another sheet for me, she will not provide it.

There are nearly 20 people who work in my department. There are only two individuals in the entire department who are required to make up their time used when going to the doctor - me and the other (only) disabled worker. No other workers are required to make up time used during work. Yet, the EEOC doesn't feel this is a concern. Records show I am a hard worker who pays close attention to detail, yet I feel as if my department treats me like some kind of nuissance. I even have a signed letter from my supervisor (at the time in early 2007) that states 'Vicki's hearing could have a damaging effect on advancement within our department...' when I asked her to write a letter to a company that assists working individuals with the cost of hearing aids. Yet, this letter apparently doesn't have any grounds, as the EEOC Investigator fell for the company's excuse 'that individual wasn't really her supervisor, she was just a 'lead''. Yet, the dept manager called that individual my 'supervisor' on one of my annual performance reviews, claiming I 'should report to supervisor daily'.

The EEOC Investigator also said to me 'this may not even be considered a disability', and 'I don't know if you are protected under the EEOC'. I can't believe this. My hearing is very poor and I've informed everyone at work upon my AN diagnosis in Aug 2006 - that they need to speak up. Hearing aids do not help my left ear because the sound is distorted - it sounds totally different from my right ear. I can't even distinguish words in my left ear. I used to use my left ear when speaking on the telephone, but it's not even an option now due to the distorted sound. I also have nerve damage in both ears due to an explosion I experienced in my teen years. Yet, I 'may not be protected under the EEOC'. My hearing is still poor even when I wear a hearing aid in my better ear.

Can anyone provide me with some good recommendations? I can't even think much about surgery, as I'm trying to fight to get some respect at work. I don't feel I should just 'leave' because people are bothered by my hearing issues.

[Charlotte Lady]

My only thought is to talk to a lawyer; start documenting incidents..not the rude ones but the ones focused specifically on your hearing issues. 

Good luck
D

[oHIo]

Wow...all I can think of is 'hostile work environment',  You shouldn't have to leave because of the workplace weirdos, but then again, if you could find a comparable job with comparable pay, I personally would run for the door.  A place you have to be for 8 or more hours a day, shouldn't be torture. 

I don't know what surgical approach you are having, but if it is a translab, you WILL be deaf in one ear.  I might wait until after my recovery from AN surgery (take advantage of any time off you have accumulated) and start polishing my resume, just in case.  There are many people who would welcome a productive employee, whether they are hearing impaired or not.

Life is too short to be miserable.  People have made rude comments within hearing distance about my special needs child.  I politely comment, "Be thankful life is good for you now because you are just an accident, an illness or an injury away from walking in my shoes."  Then I smile a nice big smile and know that what often goes around, comes around.  I surround myself with people who love me for who I am and don't judge me for the things I can't do. 

There is a video somewhere (try You Tube) of an AN surgery.  It was done at Waukesha Memorial Hospital.

Good luck with your surgery and figuring out what to do about work.  It sounds like some of your coworkers are lacking in people skills and social graces.
 

[lori67]

As far as I know, being deaf or hard of hearing is considered a disability and is covered by the Americans with Disabilities Act.  I can't believe the investigator didn't know this.    I can't imagine working with such a rude group of people.  That has to wear you down to have to deal with that every day.  No one should have to deal with that - deaf or not.

I did see a few videos of translab on You Tube. You should just be able to do a search on there for it.

Good luck!
Lori

[leapyrtwins]

Vicki -

strictly my opinion, but I don't think you want to view an AN surgery prior to having your own.  After might be a better choice.

As far as the harrassment goes, I think Lori is right.  There are laws against things like this.

The EEOC sounds like a joke.  I'd find an attorney.

Good luck,

Jan

[pswift00]

Here's a link to a surgical procedure video on the NIH website:

http://www.nlm.nih.gov/medlineplus/acousticneuroma.html#cat3

I can't watch it here at work b/c of software restrictions, so I don't know what the video shows.

[Jim Scott]

Vickie:

I agree with Jan that viewing the actual surgical procedure is likely to be somewhat intimidating and - realistically - not of much value to you but videos are available so if that is your choice, you may certainly do so. 

You've posted before on your workplace harassment issues and received basically the same advice: retain an attorney and begin documenting who says what to you, when and under what circumstances.  Direct quotes are helpful.

Obviously, your workplace situation is outrageous and unequivocally hostile.  That the EEOC representative was not sympathetic to your complaints simply highlights the weaknesses of the federal bureaucracy when it comes to enforcing the law on employers.  Had your harassment been based on your race, I'm sure the response would have been far different.  So much for the EEOC 'protecting the worker'.  Yeah, right.

Although some of the actions you relate are actually more rudeness than discrimination, they all seem to be based on your diminished hearing...and that constitutes discrimination.  SSD may not be an official 'handicap' but it is an impairment and, as you related the situation, it is being used against you.  I have to qualify my comments by noting that we are only getting one side of the story - your side - and while your employer and co-workers words and actions seem indefensible, I have to mention that there might be other factors at play here (besides your inability to hear) as these actions seem absolutely despicable which would lead one to wonder if there isn't a bit more to this than meets the eye, as it were.  However, it still appears to be blatantly discriminatory and if the federal agency entrusted with the job of protecting you from this kind of harassment can only dither and weasel out of acting on your complaint, then you're being forced to go to a court of law for redress.  That will require the services of an attorney with expertise in EEOC-type cases and one who will not be intimidated or bought off by your employer.  It will also take time and money.  I suggest that, in the meantime, you seek another job and try to focus on your upcoming surgery with a positive attitude, or as close to a positive attitude as you can muster, under the circumstances.

I wish you a successful operation and relief from your troubles as you recover.

Jim

[leapyrtwins]

Vicki -

thought I'd add a little to my opinion about not reviewing an AN surgery before you have yours.   

I am a little over 1 year post op and while I've read my operative report at least 3 times now, I still can't imagine seeing a visual of what was done to me - even if it's being done on someone else's head   

After my AN surgery, I had a BAHA implant with local anesthetic - yes, I was awake the entire time; my head was numb and I couldn't feel any pain, but I could still feel a pulling sensation, hear and smell the drill, etc.   I've read that operative report a few times also. 

While I have to admit that I'm curious as to how my surgeries were done, and reading about them definitely fascinates me, I think there's a huge difference between reading and imagining something and viewing it "for real".  I also find that the operative reports are written with just enough medical jargon that I can understand parts, but not all, of what was done to me - and IMO that's a good thing 

I've yet to ask my neurotologist point blank to give me a play by play description in layman's terms of each of my procedures, but I have mentioned to him that one day I intend to.  I know that for me, I have to find a place within myself that is comfortable with this.  But then again, I'm still trying to deal with the fact that my doc refers to my acoustic neuroma as my "tumor" 

We all have different perspectives on things - maybe seeing an AN surgery before you have yours would be right for you or maybe it would just add to your anxiety - hard to tell.  But your know yourself.  I guess what I'm trying to say is "go with your gut" but only if it won't freak you out.

Jan

[LADavid]

Vicki
I'll repeat what Jim said.  Document your issues and get an attorney.  I went through the same thing years ago.  Unfortunately, the EEOC could do nothing because I had signed a waiver in order to get my final paycheck.  The EEOC has a list of attorneys specializing in discrimination and here's a link to attorney's in Cleveland where I previously believe you said you're from
http://www.lawyers.com/Discrimination/Ohio/Cleveland/law-firms.html
As far as seeing a surgery -- I don't know that that would be of any help to you.  Personally I didn't want to know how it was to be done before and I still don't want to know.  I prefer to believe it was magic and the tumor isn't there any more.

David

[Pembo]

I watched the video after my surgery, it was pretty unbelievable to me. Also ask your surgeons to describe the procedure in detail. I remember asking mine before surgery and he asked how detailed I wanted to know. He said that he had patients who wanted to know everything and he would explain it all.

Have you contacted the Americans with Disabilites Act hotline? Maybe they can help.

Good luck to you.

[Crazycat]

Vicki, here's a link to one of the best presentations on AN surgery that I've ever seen. It's not on YouTube and you'll need "RealPlayer" to view it. The surgeon is Johnny Delashaw who I believe some people on this forum have had.

http://media.ohsu.edu/ramgen/hosp/ent/acoustic1.rm

I'm sorry that you've had to suffer the abuse you've been getting at work which seems especially vicious in your case. The capacity for selfishness and cruelty in human beings is truly boundless.

I remember that you had posted previously about this problem you've been having with your coworkers.

Good luck with with your situation and stay strong.

[luv2teachsped]

Hi Vicki:
  I also agree with Jim and Jan. I have viewed the surgery since my own and think you may want to forgo watching it. As a special ed teacher, I encourage you along with Lori to check into the Americans with Disabilities Act!  Your work place could be facing a real legal issue.  Please look into a good lawyer who is familiar with the ADA.  Good Luck, luv2teachsped

[Nancy Drew]

Hi Vicki,

I agree with all who suggested you look into the Americans with Disabilities Act.  I think you will need to get your doctor to provide documentation about your situation.  You should have a good case if what you are saying is true, and I have no reason to doubt you.  Hopefully there are at least a couple of people at your job who treat you with respect.  I can't even begin to imagine having to work in an atmosphere like that, and I think you have every right to continue on with your job especially if your are able to carry out your job duties.  Good luck and hang in there.  You are important and deserve to be treated with dignity.

Nancy

[ppearl214]

Hi Vicki,

I have to concur with many here about contacting lawyers re: the Americans with Disability Act so you can fully understand what the law means and how it could be helpful to you.  I'm not sure if you know, but I was appointed by the town I live in for our local Commission for Disability Issues committee... and there are those on the commission with hearing loss, regardless of how much.  We know that some doctors will confirm overall hearing loss issues, by patient, to help to determine if one is eligible for Disability benefits but overall, it's a tough one to try to battle.  But, in your workplace (or elsewhere), if you identify yourself with hearing issues, most are willing to accommodate it. If not, you should feel comfortable in making known that accommodations were not made for you and you do have a strong leg to stand. Whether I'm in a loud/noisy restaurant, a store, at work, on the phones (esp. if someone else is using speakerphones), etc... if they are not willing to understand that my hearing is not at 100% working level, most have enough heart and common sense to acknowledge it... if not... then, please find strength to stand up for your rights.

I had caffeine this am... take everything I said with a grain (or 2) of salt.

Phyl