Saturday, June 30, 2012

Glycemic Index and [Anti-] Inflammatory Ratings

The Paleo/Hashimoto's diet is really an anti-inflammatory diet. The basic premise is that grains, sweeteners and dairy products create inflammation causing autoimmune triggers. In addition, low blood sugar is a by-product of the thyroid response so keeping your blood sugar levels steady is another important dietary goal.


A friend of mine sent me a great website that has every kind of food imaginable with nutritional values including glycemic index and inflammatory ratings: nutritiondata.self.com  When I say every food I'm serious! If you look up "apples" you'll find three pages of anything with an apple in it from apple juice to baby food to Burger King's Dutch Apple Pie. It focuses mostly on processed and junk food because that's what the Standard American Diet (SAD) is, but if you search hard enough you can find raw foods, well, in most cases. The healthier foods are the minority and hidden among the junk. How SAD! There is no indication of organic vs. conventionally-grown foods either which would be an interesting comparison.



To better understanding what I am eating, I did some searches. For instance, dark chocolate which is supposed to be the healthier of chocolates, has a glycemic rating of 46 with an inflammatory rating of -473. The lower the glycemic rating the better as it indicates sugar levels whether natural or processed. The target inflammatory number should be a total of at least 50 or more a day, and obviously, chocolate is evil. (Where have we heard that before?)



The Kharrazian protocol says to avoid high glycemic fruits such as watermelon (3 glycemic, -7 inflammatory) and mangoes (8 glycemic, -15 inflammatory), with no mention of bananas. Bananas are 18 glycemic and -115 inflammatory! Granted, not as bad as the devil of foods, but much higher than watermelon.  I'm not clear why berries are on the Kharrazian diet, but not watermelon. Blueberries are 4 glycemic and -16 inflammatory so sweeter than watermelon. If anyone knows, please comment.


Coconut milk is highly recommended on the Paleo/Hashimoto's diet because of its natural fat content which helps stablize blood sugar and helps you feel full. It rates 5 for glycemic and -435 for inflammation. Wow. It's inflammation rating is right up there with chocolate. When I first started the Paleo/Hashimoto's diet I was sucking coconut milk down non-stop. Oversaturation! I rarely cook with it or use it now.




Broccoli is 3 glycemic and 53 inflammatory so one serving of broccoli satisfies your daily target inflammatory totals! Salmon is 0 glycemic and 116 inflammatory. 




Pecans are 0 glycemic and 202 inflammatory and most nuts are low-glycemic and anti-inflammatory. Almond butter is really excellent with 0 glycemic and 601 inflammatory. Super foods! Garlic is 22 glycemic, oddly high in sugar (!) and 4863 inflammatory, or rather, the SUPER ANTI-INFLAMMATORY.



I've been eating a lot of avocados lately and I was really surprised to see WHERE a food is grown has an influence on ratings. Florida avocados have a 6 glycemic rating and a 49 inflammatory rating, but California avocados are 4 glycemic and 181 anti-inflammatory. I wonder why?


Most of these foods I checked the raw form, but the ratings can also change with preparation methods. Hard-boiled eggs, for instance, are 2 glycemic and -139 inflammatory, but scrambled eggs are 5 glycemic and -219 inflammatory. At first I thought it was because of the added oil and milk, but then I looked at a raw egg which is 2 glycemic and -224 inflammatory so the inflammatory rating goes down with preparation. Maybe the salmonella is cooked out of it? A raw apple is 3 glycemic and -21 inflammatory, but cooked without sugar becomes 4 glycemic and -33 inflammatory, both ratings higher.


Fascinating. I think I'll go eat some garlic.

Thursday, June 28, 2012

Lawsuit Verdict

Eventually my lawyer told me going to trial would cost me about $40,000. That's $40,000 bucks, up front, straight out of my very empty pockets AND there was a good chance the judge would throw it out of court because that's what judges did ten years ago. He didn't tell me this during our first meeting or I might have not agreed to go through all the hell I did. At the time with no income, no job and no job prospects, it was not an option for me. But even if I had the extra money, I had no confidence in my lawyer's ability to win let alone work. At that point I felt I'd done enough to attract attention and possibly affect change. Lawsuits are really for the rich. Pro-bono afforded me just enough to get noticed. There might have been other hoop-jumping games I could have played to continue without forking out a bunch of money I didn't have, but other options weren't offered. Maybe my attorney was tired of working for free? And I was really tired. Two years of ongoing stress is enough to break anyone. 

What I accomplished:


Satisfaction knowing I didn't just go away quietly and disappear.


Satisfaction knowing everyone in the school knew about it as well as many others throughout the district. With the exception of the perfume wearers, nearly all my fellow teachers emailed me after I walked off the job to apologize and say they wish they would have known.  How many people did the opposing counsel interview? How many people talked about it? My ex-library assistant was working in the district office during this time and she kept me abreast of the district chatter. Making people aware of chemical sensitivity is priceless. I also kept running into students who would hug me, tell me they were sorry the school made me sick, and that they missed me. It was very sweet. I really wanted to tell them it wasn't the school, it was that stinky teacher of yours!


Money affects change. Their lawyer was expensive. He was from a huge law firm in the city and running for senate the year of my deposition. He spent many hours interviewing district employees, filing paperwork, and attending meetings. Very expensive. My problem, as the principal called it, didn't go unnoticed.


And the best, the principal was fired. Of course, the idiot man was hired as a principal in another district because few school districts have standards. I think like pedophiles stupid principals should have to be declared where ever they go so everyone is aware of their bad behaviors. The only thing I regret about not going through with a lawsuit is I very badly wanted him to be deposed. To be inconvenience just a little. Hearing he was fired helped.


Consequences:


Paranoia. Having every detail of my personal life and health scrutinized by strangers who treated me like a criminal left me very cautious about giving any information to anyone. I don't tell doctors much anymore because I know nothing is really confidential and any information disclosed can be twisted to use against you disguised as justice.


Cynicism. As if I wasn't already cynical! I was told by several people the law is written for the accused, not the victims, and it only works for people who have money. I don't have a lot of confidence in it to protect me from any injustice. Maybe this is not cynicism, but realism. I need to buy a gun....


I am not an attorney so much of my information is based on personal experience from ten years ago which might be a little outdated. The case studies I've read since suggest times are changing. Discrimination lawsuits due to lack of accommodation aren't being thoughtlessly thrown out of the courtroom like they were ten years ago. People are winning lawsuits and affecting change, but each individual has a different set of circumstances that can affect outcomes. And change is slow!






Tuesday, June 26, 2012

The Un-Ice Cream, or Banana Cream (Recipe)

This is a dessert for all you cavemen and cavewomen out there who are not eating sugar. Unfortunately, bananas are too high on the glycemic index for the Hashimoto's people. 

Banana Cream with Raspberries


My Banana Cream recipe is a good transition if you are trying to not eat sugar, but want something sweet, especially if you are having a tough time giving up the sweet stuff. I suppose if you love ice cream, you might not see the similiarities, but for someone like me who rarely ate ice cream, this frozen banana dessert is the perfect substitute.

Ingredients:

1 1/2 to 2 bananas, peeled

1/4 cup coconut milk (full-fat)

1/4 cup water (optional)

1/2 cup (more or less) frozen berries of any kind (optional for flavors)

First, take peeled bananas, cut them into bite-sized pieces and freeze them. I freeze several bananas at a time in a big container. This is a great way to save bananas that are getting over ripe and you don't have time to eat them all or make something with them. Bite-sized pieces makes them easier to blend, too. Don't leave them in the freezer for a long time (more than a month?) or they turn brown and mushy even while frozen. Use them when they are still white and they'll even look like ice cream all whipped up.


In a blender, add 1/4 coconut milk, 2 frozen bananas cut in small pieces, and 1/2 cup or more of berries. My favorite are blueberries, but strawberries are good, too. Liquify until smooth. You may need to stop the blender, pushing the fruit to the bottom, loosen it up so it all gets a chance to evenly whip. It should be smooth like soft ice cream when finished.

If it seems too thick because the bananas are getting stuck in the blender blades, add some water, but not too much or it'll get too thin.


The Un-Ice Cream Dessert


Put in bowl.  Eat. Yum.


I ate this for the first two months of the gluten-, sugar-, dairy-free diet, then stopped when I finally realized bananas were too high in natural sugar. Now that I'm not eating bananas,  I'm not experiencing sugar crashes or headaches which are common for people with Hashimoto's indicating blood sugar issues.



Sunday, June 24, 2012

Ocean Adventures, Part Six: Disappointment

Today I attempted an ocean adventure at a little fishing village thinking their farmers' market was on Sunday. Wrong. It's on Saturday. Darn. So I thought I'd still have a look at the ocean. Wrong. The town is located in a little cove so there were no ocean views. Darn.

So I drove. I knew a beach had to be somewhere nearby and I found myself [lost] on the Lewis and Clark Trail. So glad I didn't have to explore day after day on a horse in the rain like they did. I ended up around Cape Disappointment, aptly named. So today's ocean adventure: disappointment.



The views from the hilltops were beautiful...and free.



Unfortunately, the closer I got to a beach the more often I saw "Fee Area" signs. Call me cheap or just stubborn, but I won't pay to see a beach when I have so many at my disposal closer to home. It was really frustrating.  No adventure to be found. Maybe I should have sped through the payment booth and I not paid? Maybe I would have been arrested? That would have been an adventure!

Cape Disappointment was a disappointment.




The trip home was rainy.  Typical weather for the month of Junuary. Good weather for a Sunday afternoon nap.

Saturday, June 23, 2012

Garage Sale Treasure!

I went estate sale shopping. I saw some of the photos of what they were going to sell online so I knew the house had a pile of quilts and bedspreads. I was hoping to find a new bedspread. They had linens in a bedroom and the quilts in a large closet on a table, but on closer inspection they were too worn, faded and raggy to be used. Disappointed, I started to walk away.

For some unknown reason I turned around and looked up. On the top shelf of the closet, way in the corner, there was a plastic blanket bag with something bright pink in it. Not just any bright pink, but MY bright pink. The color of the walls in one of my rooms.

No way. The estate sale people put a price sticker on the bag so it wasn't something that was missed. Why was is way up out of sight?  Hmmm... I took it out. Wow. Excellent shape.



The price tag said $5.00. FIVE DOLLARS!

My neighbor who is a quilter came over for a look. She says it's hand quilted! Not machine-made, HAND-QUILTED. The fabrics used look like they are from the early 1970s, maybe late 1960s. 100% cotton. It's hardly been used. Slightly smelly from being washed long ago, but I've washed it twice with Planet and vinegar on low cycle and it'll be offgassing whatever stink is left in the guest bedroom.  Very cool. Unfortunately, it's for a twin bed so I'm still looking for a larger size, but it's beautiful.

SCORE!

Friday, June 22, 2012

Independent Medical Examinations

My attorney scheduled me for an "independent medical examination" at the request of the evil opposing counsel.  At the time I had no idea what an IME was, but I was petrified.  The recent experience of jumping from doctor to doctor hearing perfume doesn't make people sick or perhaps psychological counseling would help? made the thought of visiting a doctor specifically chosen to destroy my credibility just a little unnerving.  My attorney offered little support other than informing me it was their right and by law, if I wanted to play the legal game, I had to comply.

On top of the idea of impending humiliation, it was an appointment with an allergy doctor. Having had numerous allergy doctors refuse to see me because MCS wasn't an "allergy," I wondered about the opposing counsel's game plan. What was their agenda? I was haunted by the fact that this doctor's name sounded vaguely familiar.  Had I read about his opposition to MCS somewhere? Is he the evil one? Am I being sacrificed for the sake of legal clarity?
I asked my environmental medicine specialist if he knew this doctor.  He told me he did, very well, and had some rather passionate discussions with him on the existence of MCS.  I was informed that this man would not, in any way, help my case, but more likely damage it as he believed MCS is all in our heads.  More panic.  I asked my attorney if I could refuse or somehow request another doctor since this one was already biased.  Nope, they get to choose who they want.  This is part of the game. Great.

The following is a list of suggestions, tips and advice on how to survive the IME game.  It's based on my experience with a touch of panic-based research, confidential disclosures from my attorney, and a lot of reflective opinion.

1)  An independent medical examination (IME) is a standard, common procedure in legal medical cases.

2)  Legal representatives or insurance companies have the right to request an IME for  legal proceedings.  Those that request will pay the costs.

3)  The party requesting an IME will choose a doctor who is knowledgeable, yet biased toward their own agenda, therefore, an independent medical examination is anything BUT independent. This is normal, expected and understood by all parties as part of the legal process. Requesting another doctor is permissible, however, highly discouraged and only if there is a very good reason.

3)  Request the "scope and sequence" of the IM examination from your lawyer.  This is your right.  It will give you a very vague idea of what will happen, but at least an idea. Knowledge is power.

4)  Make it clear to your lawyer the doctor's office must be fragrance-free.  In addition, if your health is compromised by auto exhaust or other environmental factors regarding the commute, request to choose the time and day of the appointment.

5)  Let your lawyer know you will not subject yourself to tests that will compromise your health, i.e., allergy tests, inhaler tests, any procedure using chemicals that may produce symptoms.

6)  Do not take any documents or notes to the doctor's appointment unless your lawyer instructs you differently. If you do, the doctor may ask to see them and make note of them in his written assessment. This may end up as evidence. You may take blank paper and pen to take notes if you desire. Be prepared to eat them.

7)  Avoid taking friends or relatives with you. The doctor will ask your friend's name and write it down as part of the examination.  Subsequently, the opposing counsel may subpoena him/her as a witness and require disclosure of conversations before and after the appointment regarding the appointment.  If possible, take your attorney's secretary, legal assistant or paralegal and ask him/her to take notes for you. (I believe they will be documented, but are bound by attorney-client confidentiality?  Don't quote me.)  However, don't make the mistake of feeling secure with this support. Although your lawyer's legal assistant may be instructed by your lawyer to support you should you refuse a procedure that you feel may compromise your health, he/she will usually not converse with the doctor.  And, this is not T.V. law - don't expect them to jump up and "oppose" questioning in a legal capacity. The legal assistant is only there as a supportive witness. Reminder: Don't let your guard down and feel too safe with their presence.  If a legal assistant is not provided, take a spouse who cannot be required to testify, or a very, very close friend, but inform him/her of the consequences and subsequent involvement (they may be deposed at a later date...). Again, if this support distracts you from concentration, go alone.

8)  Arrive at the doctor's office on time.  If you should arrive early, do not discuss your situation or case in the lobby or in the office as you wait. Assume there are spies. Assume the lights have cameras and the plants are bugged. As I waited to be called for my IME, there was a woman sitting in the lobby dressed in a tennis outfit pretending to read a magazine. My appointment was about an hour late and she was waiting the whole time. Odd. I kept my eye on her. No one else was in the lobby. The legal assistant and I talked about her children and allergies. When I was called in for the appointment just as I was walking in, out of the blue she said to me from behind, "You know it isn't that bad." Surprised she was acting like she knew me or she had any business listening to our conversation I replied, "How would you know? You don't even know me." Even though I had no idea what she was talking about.

9)  Expect to be asked every little detail about your health history and your family's health history.  These questions will reappear two or three times throughout the appointment formatted differently each time. Know your history and the scope of your medical records involving your case. It is highly advised to be honest, however, remember you are not under oath and are not obligated to disclose all.  The doctor doesn't need to know your great aunt's history of gout. Also, don't refuse to answer questions or it will be documented and your honesty will be, therefore, suspect. Be pleasant, kind, and appear forthcoming, honest and eager to please at all times. If you choose not to answer a question, a puzzled look and, "I don't remember" will usually suffice. Resist the temptation to say, "It's none of your damn business" or "What does that have to do with anything?"

10)  If you don't understand the question or the terminology used, ask for clarification. This can get tricky depending on their agenda. For instance I was asked "Do you have panic attacks?"  Now I could have said, "Well, yeah, I had one when I heard about you."  Unfortunately, I didn't know what a "panic attack" was so I chose to answer as clearly as possible: "When perfumes and chemicals stop me from breathing, I sometimes feel panicky."  He continued to repeat, "But do you have panic attacks?"  I should have asked for a definition and my look of bewilderment went ignored, but I didn't so I couldn't decisively say "NO, I don't have panic attacks".  It was as if he waited, amused, for me to hang myself with my words. It went down on my evaluation that I suffer from panic attacks, although now having researched the definition I know I've never had a panic attack in my life.

11)  Qualify your specific MCS symptoms with "...if exposed to [perfume]."  For instance, "Do you get headaches?"  If you only get headaches when you are exposed to perfume, say so or it will be noted "suffers from headaches" regardless of the cause.  "I get headaches when I'm exposed to perfume." "My ears often hurt...when I'm exposed to perfume." "My joints hurt...when I'm exposed to perfume." Don't assume the doctor is making the assumption that your symptoms are caused by chemicals because he/she won't.  The doctor is finding ways to discredit your legal testimony. This is the IME doctor's job.

12)  Expect the doctor to disagree with you.  From what I understand they are supposed to appear unbiased, but arrogance often supersedes.  If he/she says with a chuckle, "Perfume doesn't produce asthmatic symptoms, that's ridiculous." Don't scream and lunge for his/her throat, just smile calmly and wait for the questioning to resume.  Assume all your reactions and your comments will be noted for the record.

13)  When the interrogation part of the examination is finished, the physical examination begins.  Be attentive.  If the nurse comes at you with rubbing alcohol/Freon-based inhalers/allergy test injections and you know you will react, refuse.  The nurse may ask you why.  My repetitive response was, "I am chemically sensitive and that will compromise my health."  Don't allow them to make you feel intimidated with bewildered looks or I need to go discuss this with the doctor threats. Always assume they don't believe you have a problem and you have to protect yourself.

14)  When they release you, smile and leave.  If the receptionist asks if you would like to make another appointment, smile and say, "Not in my lifetime." Treat yourself to something special so your blood pressure will go back to normal.  The end.  You survived.


The real assessment of survival is the doctor's written evaluation which will be mailed to the opposing counsel with a copy to your lawyer and a copy to you from your lawyer, if requested. The document may be swayed with subliminal vocabulary such as she THOUGHT she was sick, she PERCEIVED..., she ALLEGES... and/or will include blatantly incorrect details formulated by the doctor's assumptions, but it's the legal ramifications of his findings that are the most valuable.

I was somewhat fortunate as this allergy doctor found me to be in need of psychotherapy and my psychosis was "reinforced by her unorthodox health perspectives as well as by unorthodox health practitioners".  He concluded, "These individuals, once they come to believe that they are being harmed, are very difficult to treat.  Early on, sometimes psychotherapy is beneficial, but once the belief becomes ingrained, it is hard to dissuade them."  It's still hard for me to believe that educated physicians in this day and age are still so narrow-minded. And, how is an allergy doctor a legal expert in psychiatry?

The written assessment wasn't as bad as I expected.  He actually acknowledged because of my psychotic belief that perfumes were harming my health, I would benefit from a fragrance-free environment. Also, my lawsuit was focused on disability and lack of accommodation and this IME only supported the fact that I was still disabled (although psychologically rather than physically) and I should have been accommodated regardless. He also said I was pleasant. Ah ha! His assessment of me might not have been so glowing if I had grabbed him by the throat  when he started whining about the inconvenience of his Jaguar being in the shop at the same time he was vacationing in Prague. There are advantages to being non-violent.

For the MCS patient who has experience with useless, conventional doctors, facing yet another skeptic can be quite unnerving especially one hired to discredit your very existence. Unfortunately, IMEs are part of the legal hoop jumping process. Think of it as an elaborate game and winning the game means more support and recognition for multiple chemical sensitivity.

Tuesday, June 19, 2012

Depositions

Throughout the whole lawsuit process I was stressed beyond believe, but there were requirements that made me feel like I would keel over from a nervous breakdown. One of them was the deposition. The reason for most of my stress was lack of contact from my lawyer as I think he could have done a better job putting me at ease. I couldn't find much online and I didn't know anyone who had been through a deposition. I'd seen them on television and movies, but a Hollywood rendition of a deposition will inspire anything but confidence.

Here's the short story for those who just want to know what to expect:



I met with the opposing counsel, a representative from the school district, my lawyer, and a court reporter in my lawyer's office. They asked questions based on what they knew from interviews and documents they had gathered. Those questions are to ascertain what kind of witness you will be during trial. Are you easily flustered or angered? Do you look disorganized and disheveled? Do you look and act dishonest? How will the jury perceive you? Is the information and your answers consistent many years after the incident? In addition, every word is recorded so the conversation may be reviewed and re-reviewed for inconsistencies and general weaknesses so they know how and when to attack you on the witness stand. How nice of them.

The handout I received in the mail from my lawyer was good. Don't answer compound questions or "tell me all" questions. Don't use absolutes or characterizations.  Take my time with each question and keep my answers short. If I can't answer a question with a "Yes" or a "No", then a very short phrase will do. Don't elaborate or volunteer information and be aware every word you say goes on record. If my lawyer objects to any question, be on your toes as that is a sign they are being shifty. Appearance is very important so look sharp, and above all, don't get angry no matter what they say or ask.



How would I remember all that? In addition, I was instructed to re-familiarize myself with the experience by looking over any notes or documentation I kept. Facts that happened two years ago. Fortunately, I had a very lengthy and detailed journal that I had kept that year for a library science class. I studied. I was incredibly nervous.

I arrived wearing a navy blue suit with pearls. I figured "looking sharp" while hanging with attorneys meant I should dress like one.  Most of the questions were really basic. If I started crying, which I did several times, my attorney would always ask if I wanted to take a break. Once we took a break because he was hungry. When he came back late, the opposing attorney asked me with a devious smile, "Should we start without him?" HA! 

I became really effective at playing the one word or short phrase game. For instance, the opposing lawyer asked, "Was anyone working with you in the library?"



"Yes."

The lawyer stared at me waiting for me to elaborate. He'd raise his eyebrows and shrugged his shoulders silently suggesting  Anything else you want to add?  Nope. One word said it all. He continued, "Did you have an assistant?"


"Yes."

Pause. Stare. Waiting for more information. Eyebrow action. "What was her name?"

"Judy Smith."



I was awesome. It was like playing "Name that Tune". I should have received an Academy Award. The deposition probably should have only taken two hours, but my one word answers drug it out to four hours. That's fine by me. I found out the opposing attorney's rates were around $500 per hour.


Only once did my attorney "object" to a question. They were trying to get me to say what I would do IF there was a fragrance-free policy in place and IF a teacher came to work wearing fragrances what would be the official protocol IF I was in charge. Total conjecture. I had no idea what an imaginary school would do in an imaginary situation with me in an imaginary position of power. I had no idea how to answer it. Every time my attorney yelled, "I OBJECT.... blah... blah...blah... conjecture... blah... blah!" I would feel flustered not understanding how to answer the question and ask, "Could you repeat the question, please." They'd repeat it, my attorney would scream another objection, and still not knowing how to answer the question I'd stalled with another, "Could you repeat the question, please." I had them repeat the question about five times, before they gave up. It was kind of funny. $500 an hour.

Another tactic that I could have used, but I never got a chance is, "I don't recall" or "I don't remember."  I had a really good memory and by studying over my journal, it was like the poisoning and professional abuse happened yesterday. Unfortunately. A deposition qualifies as revictimization. In our society, the victim is put on trial and the law is there to protect the accused. (Heck, just writing this blog post is bringing back some nightmare-inducing memories!)

After hours of professional behavior and courtesy just as I was feeling relaxed, the opposing counsel started playing games. One question was asked with much drama and emphasis, "Do you think the principal is an ASSHOLE?!" He yelled "asshole" at me. I did jump out of my skin. Maybe I was too calm for him and he was testing to see if I was still awake?  I gave him a calm, but quizzical look. I thought about it. Actually I didn't think the principal was an asshole at that point in time, only incredibly ignorant. I had run into him at a bookstore just before the deposition and he was very pleasant and kind. So I said, "No."

With a smug look on his face like he scored a big one, the attorney produced an email I wrote to a teacher who told me the principal fired another first-year teacher. In it I called him an asshole. Yeah, back then I thought he was a useless piece of garbage failing miserably at every attempt to manage people. The opposing attorney assigned it an evidence number. My lawyer chuckled and shook his head in disbelief. I continued to smile sweetly like being interrogated was an every day occurrence. I got the impression he expected me to jump up and dramatically scream, "I change my mind! I'm not a liar. He IS an asshole." What  I wanted desperately to ask was, "Is that all you have? If so, we are going to win!" Instead I just smiled. I did think the principal was an asshole. So what.


Months later I was required to go into the court reporter's office and review the deposition document to make sure it was correct. It was a three inch stack of papers. I asked if I could have it sent to me, but no, for security reasons I would have to travel into the city, pay for parking, and sit in their secured office. I was assured the office and staff were fragrance-free, so the only problem would be auto exhaust and other urban smells. 


Surprisingly, it read like a casual conversation. What I didn't realize is I could have taken as much time as I wanted to think about a question before answering, but unfortunately I felt rushed as if taking too much time would reflect badly. There was no indication of the time I spent waiting to answer documented on the transcript.



Also, I didn't read the whole document. I can't imagine anyone expected me to sit there for days reading so I spent one afternoon reading and when I stopped I signed my name at the bottom of the last read page and made note of it. I figured if any discrepancy came up later I could tell them I didn't have time to read the rest.




In the end, the experience was quite memorable and challenging. A very interesting life experience. My lawyer said I was outstanding. Not sure why I went through all that stress.


If you're called in for a deposition, don't worry about it. Think of it as a game and have some fun.




Sunday, June 17, 2012

Lawyers and Lawsuits

At one point in my life I worked in a law firm so my experience with the legal system is two-fold. There is a saying, The only people who benefit from a lawsuit are the lawyers. No matter which side wins, the lawyers win more. The reputation of a lawyer is well-deserved. I've never met one that resembled a TV lawyer... a righteous crusader with principles and integrity. There are no Perry Masons in the real world. They might not all be sleazy, but I've never met one who wasn't money-hungry to a fault. Billable hours is how their value in the firm is assessed. I remember while working at that law firm long ago one of the attorneys answered the phone early in the morning. He thought it was his client, but it wasn't. This took maybe five minutes of his time. He asked me for the case number so he could bill another attorney's client. HA!

Desperate to keep my job at the school of stink and then as a last ditch effort to keep my teaching career, I sought legal counseling on several levels. First, I spoke with union representatives, then got advice through government agencies, and finally through a private law firm. If you want to fight this way, first you need to ask yourself if you have the energy and do you want the stress? It can take up to two very long years for a lawsuit to go to court. IF it goes to court. You will be endlessly interrogated, required to disclose a lifetime of personal health information, your friends, family, co-workers, supervisors, and past employers may be questioned, and the opposing counsel will do everything in their power to discredit and humiliate you. They will lie, cheat and harass you within the law. And they know how to play the game. A lawsuit isn't for the weak at heart.


Still feeling brave?

Find a lawyer, preferably one who specializes in discrimination, employment, or civil rights and one who has experience with chemical sensitivity and accommodation. If they don't have expertise, they will be asking YOU for information and you'll wonder if they shouldn't pay you for your research time. But they won't pay you anything, in fact they will charge you for the time it took them to ask you the questions.


If you have lots of money, find a good lawyer. One with experience and education. You'll be paying for the lawyer's time, his secretary's time, his research assistant's time, his paralegal's time, all documentation, every piece of paper copied, postage and delivery fees, every phone call, travel time, court time, office time, every lunch meeting, and every one of their bathroom breaks. Every square of toilet paper will be on your monthly bill. Attorney fees can range from $200 to $1,000 per hour depending his or her experience, education and the size and reputation of the law firm. If they have an associate working with them, you may be paying their hourly rates, too. Ouch.


If you don't have a lot of money, find a lawyer who will take a pro-bono case. Pro-bono is short for the Latin phrase pro bono publico or "for the public good".  If your case is taken pro-bono, it means the lawyer's time is free. Just the time. All other expenses you pay and they add up quickly. It's basically charity work and lawyers are expected to donate so many hours a year toward pro-bono cases. In actuality, what pro-bono means to the lawyer: do a little as possible for as much money as possible.


Find a lawyer who won't charge you for the first consultation. (The expensive lawyers don't do anything free.) Prepare questions to ask and be prepared with information and documentation for review. Not only are you deciding if you want him or her to be your lawyer, but they will be deciding if you have a case and if they want to take it.

If you decide to hire this person and follow through with a lawsuit, you'll be signing a very lengthy contract with your obligations in detail. Bottom line, whatever monetary award you receive IF you win the case, they'll get a humongous chunk.


As the lawsuit progresses, you'll constantly feel like you are in the dark. It's not like it is on television where legal productivity is non-stop and everyone is working around the clock. It's a long, drawn out, very quiet process, and most of it is going on without your involvement. If it's pro-bono, your lawyer's contact with you will be minimal. If you call him, it's his goal to get you off the phone as soon as possible.

Behind the scenes, the lawyer and his/her staff will be responsible for filing documents, meeting deadlines, and getting things done. They will send you all kinds of paperwork, questionnaires, and documents to be signed from their office and the opposing counsel's office and they will request documents from you.  Not knowing what is happening feels very stressful. The quiet is enough to drive anyone crazy. My lawyer told me to forget about the lawsuit and just go about my life as if there wasn't one.

Why did my lawyer take my case?  By the time I saw him I had a least a large box of documentation and other research information to support my accommodation issues. I know at one point in a meeting someone asked him about legal precedent and he said, "Ask her," pointing at me, "I have no idea.  She's the one who has done the research." And I thought, So glad I'm not paying you to do nothing, you useless jerk. He did very little. I think his plan was to sit back, do nothing and reap the rewards. Or maybe he did have principles? Naw. Maybe he was behind in his pro-bono hours for the year and my office visit was good timing? Really, I have no idea why he agreed to take my case and I was absolutely shocked when he said he would. Maybe because I actually had a case?

Why did I go through with a lawsuit? I was constantly asked by friends are you sure you want to sue a school district? Yep, I was positive. I was angry. Because of their ignorance, not only was my health destroyed, but my career. If I quietly walked away, how many more teachers and students would they have swept under the rug causing unnecessary stress and illness? How many more will they fail to treat fairly and legally because they don't have to? My goal was to make sure no other teacher's career and health was ruined, and in order to do that, I needed to make their lives a legal living hell. Anything less, and they wouldn't care. Business as usual.


Although all has been said and done, my anger and cynicism persist to this day. Until I see enough educational reforms and changes in school policies to know that teachers and students are fragrance-free safe, I vote NO on school levies, too. I am opposed to public education.

Thursday, June 14, 2012

Accommodation Activism

I once met a chemically-sensitive woman online who believed she had the right to work at the career of her choice and she had the right to accommodation where ever she went.

OK. I can understand that. In a perfect world, that's how it would work.

She was an office worker with years of experience and education in her field. Unfortunately, every office she went in had employees who wore perfumes and other scented products, copy machines, felt pens, janitorial products, etc. Did this stop her? Nope. She'd apply for the next job, get it, start having health issues, and immediately demand accommodation. If it was slow in coming (and it's always a slow process), she'd contact the EEOC and file complaints. Subsequently, she'd have to quit, go back on disability, lay low until disability ran out, and then she'd start the cycle again.


I have to applaud her fortitude and her desire to affect change, one office at a time, but I don't know where she got the energy to constantly want to fight someone. I don't know why she'd want to put herself in a situation that would compromise her health, over and over and over again. I don't know where she found so many jobs that didn't do a background check or required references from all her previous jobs.  Certainly she'd eventually run out of offices to harass. Well, last I heard she moved to another city.


I'm not sure if she was in denial, stubborn, ignorant, or just an extrovert. I suggested many times to find another career or find a way to work from home, but she claimed she had a right to work in an office like everyone else.  Hey, I've worked in an office. What's the attraction???

OK. Whatever. Have fun. It wouldn't be my kind of fun. One bad accommodation experience was enough to last me a whole lifetime.


Tuesday, June 12, 2012

Accommodation Denial

Each year brings more understanding about multiple chemical sensitivity which affects the implementation of fragrance-free polices in workplaces and schools. Unfortunately, those organizations with policies are still the minority forcing most chemically-sensitive employees or students into situations where they need to request accommodation. Accommodation may be denied depending on the situation. I'll share my denial experiences, but keep in mind, times are changing and accommodation and workplace flexibility are far more prevalent than they were ten years ago.


I was a new teacher/librarian at the school that poisoned me. Most teachers wore perfume. The principal wore cologne. Everyone sprayed air fresheners to camouflage the stink of mold, bus fumes and new carpet glue. As a librarian and specialist instructor, I saw all staff members and all students every week through scheduled visits. Students would come up to me, point their little wrists toward my nose and say with pride, "I smell just like my teacher." Oh joy.


Around the end of the first month of teaching with my health declining rapidly, I casually mentioned the fragrance issue with the principal as we stood out at the buses. I made an appointment with him to discuss the situation in more detail. He seemed like a really nice guy. I was convinced if he would simply request the teachers and staff to not wear fragrances, I'd be fine. I'd at least survive through the end of the year when I'd find another job. This was my fifth teaching position in my career and the only one that has ever affected my health.

After hearing my concerns instead of being supportive, the principal informed me he didn't have to accommodate me because it was my choice to work there. I wasn't required to stay. I can leave anytime I want. Therefore, accommodation wasn't a requirement. I knew his line of reasoning was backwards, but he was never very smart and usually in a perpetual state of confusion. He somehow skewed disability information or tweaked it for his convenience. I didn't argue because I liked my job and didn't want to lose it.  He also said I wasn't to discuss it with anyone because he didn't want to start a "perfume war". Before the end of the meeting after much coercing, he agreed to look into my problem and get back with me later in the week.


At first I had hope, after all he said he'd look into it. Not about to take anything for granted and since I was the school's librarian skilled at research, I started doing my own research and by the end of the week I had a stack of papers a foot high plus a few books on schools and associated environmental health issues. At the end of the week, having not heard from him as he was trying to avoid me, I literally cornered him in the hallway and asked what he found out. Nothing. He couldn't find a thing on the subject. Oh well. Too bad. As he skirted away as quickly as possible, I followed carrying my stack of research into his office and promptly set it on his desk. I said as sweetly as I could stomach, "Here is the research I did. I'm sure you'll find it very interesting." [You ignorant asshole.]


Life went on. I did everything possible to fly low and avoid being a target. Teachers were on probation during their first year at a new school district. Not only was this job on the line, but my whole teaching career. You don't ever screw up your first year anywhere or you may never work again. As the school year progressed, I got sicker and sicker. It was impossible to keep a low profile when I was required to work directly with smelly people, go to staff meetings, sit in on parent conferences, go to social events, be on committees, and perform the basic duties of a teacher. I even had to use the children's restroom because the staff bathroom was air freshened constantly. Teachers aren't allowed to use children's restrooms due to child sexual abuse laws, but I really didn't have a choice. Restroom breaks became very stressful. I continued to send the principal copies of my research and medical evaluations, including letters of accommodation from various doctors. He continued to ignore me.


Seven months later, I could see the finish line...and then my assistant was promoted to another position. She was going to be replaced. I panicked. Suppose they hire someone who wears perfume? The day she gave notice we received a district newsletter and on the front page was an article for a law firm that specializes in education and employment law. Come on in for a free consultation!


I explained my situation to the lawyer and asked how I might be able to legally request accommodation to assure my new assistant would be fragrance-free. He explained the hiring committee must state at the interview that the position is fragrance-free. If this isn't done and the new perfume-wearing employee is asked to not wear perfume on her first day, she can sue the school for discrimination. How backwards. He offered to write me a letter of accommodation to clearly explain how this hiring practice is implemented. I declined and told him I'd rather write my own as it would be less threatening. He told me exactly what to include.


I sent the letter to the principle via email the next day. Unfortunately, in order to substantiate my information on hiring procedures for my new assistant, I mentioned in the letter that I had met with a lawyer who gave me advice. I thought I was being helpful in order to save time in case he was wondering where I got the information. We were due to start interviewing for the assistant position in a couple days.


Within an hour the principal stormed into my library and cornered me near a bookshelf where I was working, demanded to know why I went behind his back to seek legal counsel when it should have been addressed informally with him so he could take care of it. He was furious. If he wasn't whispering, he would have been screaming at me. My assistant told me later she was watching us, suspiciously, and on the surface everything looked fine, but she had a bad vibe.


I responded to him that I had INFORMALLY addressed the situation over and over and over again for the last seven months and that it had INFORMALLY been swept under the rug and I had INFORMALLY become so sick I could hardly function. WHEN WAS HE INFORMALLY GOING TO DO SOMETHING? I was also whispering, professional, and calm, but I was really furious. After all those months of being sick, stressed out and playing nice it was all I could do to control the rage. He wasn't impressed at my new assertiveness, but he said nothing. He stormed out of the library only to return at the end of the school day to inform me, very formally with the assistant principal in tow as a witness, when my performance evaluation would be held.  I should bring my union representative. I recognized this was the beginning of the end. He was taking steps to get rid of me.


At the performance evaluation my union representative called in sick. He was a useless piece of shit anyway so it was no great loss. The principal told me I didn't get along with anyone, I didn't go to staff meetings, I was lacking in interpersonal communication skills, and I was going to need to complete training courses to increase my productivity to make me a better team player. I was put on notice. If I didn't comply, I would be fired. What was really funny is I had already taken the classes he was requiring at another job. When I informed him, he gave me a dirty look. It really didn't matter what I did, he wanted me gone...this was just the first step.


I should have asked if I was such a horrible employee why he waited seven months to have this meeting. I probably should have asked why chemical sensitivity was never mentioned as the cause of most of his accusations. I didn't. I had had it with his incompetence. I smiled sweetly and pretended to be compliant.


Later than night I returned to the school, packed up all my belongings and walked off the job with no intention of returning. This wasn't a rash move on my part, although it no doubt surprised everyone. I had been meeting with a union representative outside my district who was very experienced and knowledgeable about employee rights, unlike my own union representative who told me there was nothing he could do. She told me if the environment was poisoning me, and no one was taking any steps to rectify the problem, how could I possibly justify staying? In fact, by struggling to maintain my position and continuing to stay in an environment that I claim is killing me, it sends a message that the situation can't be that bad. Good point.



What do you do if you are denied accommodation?


First step is to quit your job. Find something less toxic for income. Find an employer who will accommodate you. Work from home. Is this easy? No. Is it necessary to maintain some glimmer of health? Usually. Change is difficult anyway, but change with income loss is even harder, sometimes unfathomable. Do you really want to be in a situation where you are being poisoned on a daily basis? Watching what's left of your health disintegrate with each new exposure? Don't hang on for months or years hoping for a miracle. Find a job counselor to assess your employable skills and make some changes. What is that saying? When a door closes, a window opens? By being courageous enough to change, you might just find the career of your dreams.


The second step is to sue the asses off the incompetent idiots who refused accommodation. Most understanding of multiple chemical sensitivity is due to lawsuits. Employers don't want to be sued.  Each lawsuit develops precedent which promotes forced awareness and inspires a serious look at accommodation policies, managerial training, and employee handbook procedures. Lawsuits are not just about winning money. They are about affecting change and being taken seriously. Discuss your options with an attorney to ascertain if you even have a case. You might not.