Opening Doors for the Disabled

Disabled Workers Fight for Equal Rights with AFSCME's Help

Yakima, Washington

Seven years ago, Montana residents Cathy Foreman and her husband Ron left behind the good life in the country and moved here seeking new careers and a change of pace.

Their dreams vanished, however, when Cathy developed a disabling, terminal illness allegedly from contaminated worksites. As her health declined, so, it seemed, did her chances of keeping her job.

But with help from AFSCME, and empowered by federal laws, Cathy kept her job. Disabled doesn't have to mean unemployed anymore.

Foreman's story of descent from health to disability is a cautionary tale for all Americans who take their health -- and their jobs -- for granted.

Hired by the City of Yakima Public Works Department in 1992 as a word processor, Foreman quickly noticed that her co-workers seemed in constant ill health. "From day one, I noticed that workers were suffering from sundry sinus problems, colds and flu," said the AFSCME Local 1122 (Council 2) member.

After months of complaints filed by the workers, management tested the building and found fungal and bacterial contamination. Foreman transferred to another building which, she later learned, had already been found to be contaminated. Her own symptoms of coughing, hoarseness, shortness of breath, and exhaustion persisted. She left the workplace for what turned out to be 15 months of disability.

Bad News. Ongoing medical evaluations diagnosed idiopathic pulmonary fibrosis, an illness that causes inflammation of the lungs resulting in the production of scar tissue that reduces the ability to breathe. "This meant I probably had five to six years to live. I was totally devastated," she recalls.

Foreman describes the next 15 months as the worst period of her life. She stayed home, ill much of the time. Her thoughts focused on dying. "I remember thinking 'This can't be happening to me.' Our two sons were grown with children of their own. I was just 50 years old and looking forward to a lot of living," she says.

She returned to work in a new Public Works building but one environmental problem compounded another, further ravaging the health of the former skier and fitness enthusiast. She had trouble breathing, sleeping and sometimes walking. She spent three weeks at the National Jewish Hospital in Denver, Colo., and the final diagnoses were pulmonary fibrosis, reactive airways, sleep apnea and dysfunctional vocal cords.

Thanks AFSCME. "I had but a few choices. I could stay home and try to collect disability or fight for my job," Foreman explains. "I chose to fight.... It's the fight of my life.... and the union's been there every step of the way."

Foreman praises the work of Staff Rep. Ron Gray. A bronchial asthmatic who also suffers from sleep apnea, Gray understood Foreman's difficulties. Through the many months of intense efforts to keep Foreman in the workplace they have become good friends.

With help from the union and her lawyer, Foreman's rights were upheld under the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA). She won the right to keep her job and works at home five days a week from 7 a.m. to 5 p.m. with the stipulation that she report to the office a few hours on Mondays and Tuesdays.

"Right now I'm the only Yakima city worker with a full-time permanent office -- computer, modem and two phone lines -- in my home," she said. "I am also required to use a time-tracking system so that management can calculate my hours of work," Foreman says, beaming with satisfaction.

Foreman's fight is not yet over. Her employer has been resistant to reasonable accommodations and continues to put up roadblocks. "But with my union by my side and my lawyer, we'll continue to fight to make it right," she pledges.

Not Alone. Foreman is one of 800,000 Americans with severe disabilities who have entered the workforce since the ADA took effect in 1992. The Census Bureau reported last summer that 15.39 million Americans with severe disabilities were in the workforce in 1994, the last year for which statistics were available. Another 11.68 million American workers have non-severe disabilities.

AFSCME represents thousands of disabled members. Some have congenital disorders while others have contracted illnesses that have left them temporarily or permanently disabled. And like Foreman, many are breaking down barriers to keep their jobs, maintain their health insurance and preserve their quality of life.

AFSCME has long said that discrimination against persons with disabilities is an important human rights issue.

Since 1982 AFSCME has fought to protect the rights of AFSCME members and other people with disabilities. Back then, the International Executive Board passed a resolution calling for AFSCME affiliates, staff, representatives and stewards to monitor existing laws and contract provisions on behalf of the disabled.

The International then established AFSCME's Advisory Committee for Members with Disabilities whose advocacy efforts helped to pass the ADA. The ADA ensures that Americans with disabilities are provided equal opportunity both in and out of the workplace. It prohibits discrimination against people with disabilities in employment, public services, public and private transportation, public accommodations and telecommunications.

"Working from home on computers and the Internet is something that would increase the number of people with disabilities in the workforce," said Advisory Committee Chair Geri Ruth, who is also a District Council 37 public relations staffer. "But that should be a choice for the disabled and their employers."

Ruth added that the working-at-home accommodation should not be abused to prevent people with disabilities from being part of the mainstream workforce. "It does not mean that offices and other worksites should not be accessible to people with visible and invisible disabilities."

More Work Ahead. While the ADA has knocked down many barriers, the unemployment rate for disabled people is still a staggering 48 percent. The ADA cannot legislate against attitudes that perpetuate stereotyping, paternalism and the fear of awkwardness.

Workers at the state and local government levels are usually covered by provisions of the Federal Rehabilita-tion Act (FRA). The ADA incorporates much of the FRA's framework. As a result, public employees like Foreman cannot be laid off just because employers claim they cannot afford to pay for services or equipment to meet special needs.

And because Foreman has a well-paying job with union-won health insurance, much of the cost of her drugs and other treatment is covered. She orders a six-month supply of a steroid from Canada that costs $750, but she only pays $21. She is now taking some 12 different medicines and must use an airflow device to sleep at night.

Foreman said she will take this medicine for the rest of her life. "I know I will not get any better, so I'm working hard to stabilize my health. I need to keep going because the battle's not won yet," referring to the fight to win state legislation guaranteeing workers the right to know what chemicals are present in the work environment.

Foreman hopes to have the physical stamina to testify before the state legislature this spring.

"Laws are critical, but support from friends, family and others is equally important," says Foreman, pointing out that for over a year she had no one to talk to with a similar medical condition.

Foreman has volunteered her services to the local lung association and other groups that counsel people with pulmonary diseases.

"I've now accepted this disease," said Foreman. "It happened for a reason and I believe it's a blessing because of all the friends I have in my life now who support me."

By Venida RaMar Marshall

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