HUM 210: Introduction to Women’s Studies

Professor Marits

Carolyn, Valincia and Mary

Collaborative Research Essay

November 28, 2007

Discrimination Against Disabled Working Women

Anyone with a disability can and unfortunately more than likely end up being the subject of someone’s nasty jokes, taunts and/or derogatory comments.  Even though disabilities cross all societal lines, classes, genders and races, women and girls with a disability have been branded with what is termed double or dual discrimination. This means that these individuals must deal with the issue of discrimination, for being female and another for being disabled. Still further, some of these same disabled women and girls will have to confront yet another stumbling block, which is their color (Merle Froschl, Ellen Rubin , and Barbara Sprung). This means that women of color must deal with what seems to be a triple stigma. All of these things can and often place these ladies in an awkward position. The individuals who are forced to deal with these characteristics are also apt to be unemployed, and if they get lucky enough to enter the workplace they are likely to be poorer than men with disabilities and women without disabilities (Merle Froschl, Ellen Rubin , and Barbara Sprung).  This article focuses on the disparities placed on women in the workplace. Though it is well known that there are working ladies with an array of disabilities; this project focuses on the hearing impaired and pregnant women. These women can be productive it’s been proven time and time again, for example women in the Military. Some of these strong ladies have worked up until the day they gave birth. This has also been seen in the media, another example that comes to mind is lady reporters. And common sense should tell us that the hearing impaired can perform just as well if not better than some hearing employees. After all hearing impaired people need to support themselves just any other person who wants to survive in society.

Women with disabilities who do seek employment are usually labeled as incompetent, dependent, passive and incompetent (Gywn Kirk, MargoOkazawa-Rey). This is an unfair assumption to make of all women with disabilities, after all, there are some people who are what some may term healthy, but are lazy and incompetent. So even though some employees don’t want to give these ladies a chance it could more than likely result in their loss. If one were to go deeper than the surface of these ladies disability, they might learn that “most of them maintain a home by cooking, doing laundry and housekeeping” (Gywn Kirk, MargoOkazawa-Rey). So who is to say whether they can or cannot perform in the workplace without given a reasonable opportunity?

It is very distressing that even today, as far as Americans think they have come, still people are judging others. The majority of the time people are so quick to criticize someone that they are not really given the opportunity to prove what type of person they are. Most individuals want everyone to look identical to themselves, before entertaining giving them the time of day.

The following is an incident that concerns a hearing impaired employee who has worked for the Subway food chain. This took place in Dallas, Texas earlier this year. Ms. Tammy Gitsham had been employed by the food chain for one and half years before she brought this suit forward. She was an area supervisor who had managed five to ten stores (Equal Employment Opportunity Commission). Anyone who has ever been a supervisor knows that it isn’t the easiest job, especially when you are in charge of subordinates; not to mention the fact that large amounts of money were involved. The fact that Subway had placed her in that position would indicate that Tammy was an excellent and very capable employee.

The owner of Subway, Mr. Robert Suarez and one of his managers, a Human Resource employee in charge of hiring, firing and training personnel decided that it would be funny and a good idea to begin teasing Ms. Gitsham about her disability. Keep in mind, as it was very hard to do, that these were so-called grown men. Some of the cruel things they would say were “Can you hear me now” and “Read my lips.”  Needless to say this made for a hostile environment as far as Ms. Gitsham was concerned (Equal Employment Opportunity Commission).

Ms. Gitsham made a complaint to her local Equal Employment Opportunity (EEO), which then went to the Equal Employment Opportunity Commission (EEOC).  This organization in turn brought a lawsuit against the Subway restaurant franchise, BobRich Enterprises, Inc.; the case was brought on what was titled a disability harassment suit. After all she was forced to resign her position due to the taunts she endured from her bosses (Equal Employment Opportunity Commission). This probably would be the case for anyone with or without a disability, because this type of behavior could cause anyone to feel unappreciated and less than human. After all was said and done and the trial was over, Subway was found to be liable and had to award Tammy $66,000 for lost wages and emotional harm and $100,000 for punitive damages (Equal Employment Opportunity Commission). I guess that if all else fails, the best way to open someone’s eyes is to hit them where it hurts; that is in the pocket.

Another form of disability to be considered is pregnancy and motherhood, which is absurd. Where would the race be without mothers? Mothers bring life forward, and unfortunately someone gave birth to whoever made pregnancy a disability. Under federal law when a woman is temporarily unable to perform her job due to pregnancy or child birth, an employer is required to treat the woman the same as any other disabled employee. An example of this would include an employer allowing temporarily disabled employees to modify tasks, perform alternative assignments or take leave without pay or disability pay. The employer is required to also allow a woman who is temporarily disabled, due to pregnancy, to do the same.

Back in the late 1980s, women in the professional work force would either have to decide not to have children, or learn to work long hours, attend out-of-town meetings and take very little vacation to take care of their children. The only other option offered to pregnant women in the workplace, was to take the “mommy track” and accept less compensation for their labor. All but a few avoided this mommy track like the plague, because, they knew that this could only mean marginal careers for them (Gywn Kirk, MargoOkazawa-Rey).

In the case of Mock and Bruno’s in 1994, Diane, a pregnant executive, was considered a very good employee with a stellar record. However, her employer hesitated to promote her, because they questioned Diane’s future responsibility due to her pregnancy. However, the employer was aware that her husband would be the primary caregiver, in this case, because he had flexibility in his job. Nevertheless in this situation just like many others in the corporate culture, is that with maternity leave usually follows the need for flexible work arrangements and this leads to diminished commitments to the employer and the corporation. Attempts have been made to eliminate through maternity leave policies, legal and structural barriers to improve women’s recruitment, retention and promotion, but they are still continuing to be subordinate (Patrice M. Buzzanell).

Apart from the above case, a study was conducted on 102 women who had maternity leave stories and only one was selected for further research. The study decided to focus on a middle-class, middle-aged, married, white woman who required a wheelchair for mobility. This research deals with a lady named Julianna. This particular study was not based on the normal pregnancy and maternity leave; rather it researched the condition complicated by her disability. At first, Julianna felt empowered by her pregnancy, but ironically, feels very disempowered by the end of her maternity leave.

Other employees, especially males, would ask her how she even became pregnant, because she was severely handicapped from polio. In a sad way, for the first time they looked at her in a “normal” way, and would have conversations with her about their families. Julianna made a comparison of herself to an “erector set.” The reason for this comparison was because it was a “male” toy that consisted of perforated metal plates, rods, bolts and nuts. Which are as noted, pieces of her wheelchair; this also erases her femininity.

In the end, it is suggested by a social worker that Julianna give up her baby, because she is not an able-bodied mother who can take care of her child in the proper fashion as so-called non-disabled mothers can. Julianna’s maternity leave started during the sixth month of her pregnancy and lasted two years. She ended her leave because the company requested she return; they needed her for a specific job. Julianna went back to her same job with more responsibilities; she seemed to be content with her new duties and pay.

            Thanks to organizations such as the Equal Employment Opportunity Commission (EEOC) created by the Civil Rights Act enacted in 1964 and the American Disabilities Act (ADA) enacted in 1990, there is protection for individuals who are being discriminated against for various reasons. The EEOC enforces federal laws that prohibit employment discrimination concerning race, color, gender (including sexual harassment and pregnancy), religion, national origin, age, disability and retaliation. While the ADA prohibits private employers, state and local government, employment agencies, and labor unions from discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment  (Equal Employment Opportunity Commission).

Works Cited

Equal Employment Opportunity Commission. SUBWAY FRANCHISE TO PAY $166,500 FOR DISABILITY BIAS, JURY RULES IN EEOC LAWSUIT. 30 July 2007. <http://www.eeoc.gov/press/7-27-07.html>.

Gywn Kirk, MargoOkazawa-Rey. "Work, Wages and Welfare." Women's Lives Multicutural Perspectives 4th Edition. New York: McGraw-Hill, 2007, 2004,2001,1998. Chapter 8 (344-347).

Merle Froschl, Ellen Rubin , and Barbara Sprung. "Connecting Gender and Disability." Gender and Disability Digest (1999).

Patrice M. Buzzanell. "A feminist standpoint analysis of maternity and maternity leave for women with disabilities." Women and Language (2003): p.53 (13).