colorwheel: aragorn wielding his sword (sword)
colorwheel ([personal profile] colorwheel) wrote in [community profile] agonyaunt2019-01-07 07:09 pm

Ask A Manager: my coworkers complained that the look of my breasts post-mastectomy is making them un

OP:

I recently had a double mastectomy with reconstruction, but the reconstruction on one side failed. As a consequence, I am not exactly symmetrical at the moment and will stay this way until the reconstruction is attempted again (probably next summer).

I decided to not wear an external implant (it goes in the bra and once I’m dressed makes it look like both sides are identical) so even with clothes on it is quite obvious that I am missing a breast. I find the implant (I call it a boob-cushion) quite uncomfortable to wear.

I’ve recently started work again and a higher-up asked to speak to me. He explained that people had complained to him about the look of my breast and that it made them uncomfortable. He hinted quite strongly that i should wear the boob-cushion to not make colleagues uncomfortable. I know that a couple of colleagues had breast cancer in the past and thought it maybe reminds them and makes them uncomfortable … except it isn’t them who have complained. I even spoke to them and they were both really supportive of my choice. I wasn’t told who exactly complained, but apparently it’s a few guys who work in my area (not my own team). I’m a woman in my late twenties and most guys in the office are 40 or over.

My office has no dress code, and if it makes any difference, I don’t wear any cleavage, just jumpers and things like that.

I’m not too sure what to do and how to react. I really don’t like the boob-cushion and it’s really uncomfortable to wear all day, but at the same time if my higher-ups thinks it’s serious enough in an office with no dress code, then maybe I should just bite the bullet and wear it? All i said to my higher-up so far is that I would think about it, but I know he expects me to wear it when I come back after the Christmas break. What should I do?

ALISON:

Oh my goodness, you do NOT have to alter the appearance of your chest to suit anyone else, least of all coworkers.

It is, frankly, outrageous that anyone would even think to complain that your chest isn’t sufficiently pleasing to them — in any situation, but particularly post-cancer. And it’s even more outrageous that your manager would think it was appropriate to pass that along to you, or to expect you to act on such an offensive and gross complaint.

If your manager brings this up with you again, please say this: “I am deeply uncomfortable discussing the appearance of my breasts at work, and hope you will agree that it is incredibly inappropriate for any colleagues to weigh in on how they’d like my breasts to look post-cancer. I hope we can agree never to discuss this again.”

If he replies with anything other than an apology and dropping the matter, you should say this: “I’m sure we don’t want to get into telling breast cancer patients that they need to wear prostheses after cancer. Cancer is protected under the Americans with Disabilities Act, and we could be opening ourselves up to legal liability. I will do the company the favor of pretending this didn’t happen, and of course I trust that you will shut this down with anyone who you hear discussing it.”

You can go with either of two different tones here: icy or collaborative. Icy is well-warranted, but if you don’t want to cause tension in the relationship, collaborative (a tone that conveys “let me help you fix this, since you’re about to step in a huge hole and I want to help you out”) can be the way to go.

(I originally had a whole paragraph here about how if this doesn’t solve it, you could say, “What you are suggesting wearing will cause me physical discomfort. Are you directing me to wear something that will cause me pain while I’m recovering from cancer, even though I dress no differently than others in the office?” But honestly if it gets to this point, talk to a lawyer because it’s past the point of reasoning with them.)

Also, if your company has an HR department (a real one, with trained HR people, not just the person who runs payroll and got roped into HR duties on the side), I’d skip all of the above and head there immediately, using the language above.
tielan: Hulk angry (AVG - wtf)

[personal profile] tielan 2019-01-08 12:27 am (UTC)(link)
You know, I didn't even need to read this and I knew what the complaint was going to be.

warning for rage ahead.
Dear male co-workers: SUCK IT UP YOU LIMP DICKED SLUGS. She's been through fucking CANCER - and breast cancer is many many shades of trauma on more than just the physical level because breasts are very representative of women and what society thinks they should be and something that attacks that is psychologically traumatic. Your discomfort because she doesn't look like what you think a woman should look like is 100% IRRELEVANT and doesn't even require a moment's consideration.

*smacks them all in the face with the boob pillow*

*goes back and whacks them again*

*beats the manager to death with it*

signed
someone who knows three women in various stages of breast cancer treatment/recovery, and the fourth one died before she turned 40

FUCKERS
cereta: (assertiveness)

[personal profile] cereta 2019-01-08 12:32 am (UTC)(link)
HOW DOES SOMEONE THINK THAT'S OKAY?

I am seriously baffled, here: that anyone would think it was okay to complain to management about a co-worker's anatomy at all, let alone a woman's breasts; that a manager would actually take that to the employee instead of smacking them down; that this is 2019 and not, I dunno, NEVER.
harpers_child: melaka fray reading from "Tales of the Slayers". (Default)

[personal profile] harpers_child 2019-01-08 12:34 am (UTC)(link)
Wooooowwww. Her manager should have shut that shit down when he heard it. It was super inappropriate to talk to her about it.
conuly: (Default)

[personal profile] conuly 2019-01-08 08:28 am (UTC)(link)
I can't shake the suspicion that there WAS no complaint, the manager made it up because he's the jerkface in this operation.
harpers_child: melaka fray reading from "Tales of the Slayers". (Default)

[personal profile] harpers_child 2019-01-08 08:41 am (UTC)(link)
I hadn't even thought of that. Flames. Flames on the side of my face.
lavendertook: Cessy and Kimba (Default)

[personal profile] lavendertook 2019-01-08 08:50 pm (UTC)(link)
I thought that too. One or many assholes--I'm so sorry she is dealing with this at all.
dorinda: Cary Grant, in "Bringing Up Baby," clutches his head beneath the letters "OMG WTF". (WTF_CaryGrant)

[personal profile] dorinda 2019-01-08 12:35 am (UTC)(link)
AAAAAAAAAAAAAAAAAAUGH.

Urge to kill...rising...
quinfirefrorefiddle: Marvin the Paranoid Android, "Life, don't talk to me about life." (HHGttG: Life)

[personal profile] quinfirefrorefiddle 2019-01-08 12:44 am (UTC)(link)
You know I think there's actually a middle tone, both icy and collaborative, of the "you will agree with the constructive comment I am making, or I will sue you and your entire company back to the stone age, you misogynistic twerp," variety. This sounds like a good time for it.
lilysea: Serious (Indignant)

[personal profile] lilysea 2019-01-08 04:44 am (UTC)(link)
Unless a woman is working as a

actress
model
stripper
sex worker

the appearance of her breasts is of NO relevance in the workplace, and should NEVER be discussed.
sara: S (Default)

[personal profile] sara 2019-01-08 04:55 am (UTC)(link)
Personally, I'd get my union rep and THEN go to HR. I would not even go back to the manager.
minoanmiss: Minoan lady scribe holding up a recursive scroll (Scribe)

[personal profile] minoanmiss 2019-01-08 07:26 am (UTC)(link)
If she has a union rep, but yes. And also contact a lawyer. The manager has proven himself useless. (Of course now he'll start downgrading her work at every turn. This poor woman.)
sara: S (Default)

[personal profile] sara 2019-01-08 04:00 pm (UTC)(link)
Yeah, in the absence of a union rep, it's lawyer time, because this is sooooo actionable, and the last thing you want after surviving cancer is to lose your job over something bog-stupid like this.
cereta: Syfy's Alice (Alice)

[personal profile] cereta 2019-01-08 04:26 pm (UTC)(link)
This is just the opinion of one paralegal/EEOC rep/ADA compliance officer, so take it FWIW, but it's probably not legally actionable yet. However, she definitely needs to start documenting any work assignments, performance reviews, difficulty getting PTO, etc.
lavendertook: (fell beast felling)

[personal profile] lavendertook 2019-01-08 06:37 am (UTC)(link)
That poor OP to have this shit piled on her on top of fighting for her life. Assholes! The world would be a better place if they disappeared from it tomorrow. They are monsters. Ordinary sexist, privileged monsters, but monsters nonetheless.

OP: *hanging on to cliff by fingers*
HigherUp: Ugh! There are fingers on the cliff obstructing my view! *goes to stamp on OP's fingers*
OP: Aaaaaaaaaaaaahhhhhhh! *falls*
HU: *watches her fall* Oh well, it wasn't appropriate for her to be hanging onto that cliff when we're trying to enjoy the view. I do hope she doesn't leave unsightly stains on the bottom.

The view, of course, is her body as an object, for their viewing pleasure and, goes without saying, their comfort. Who cares if she's fighting for her life--she should be thinking about their comfort! May the comfort and survival of these horrible people be malignantly disrupted.

ayebydan: (wwe: facepalm)

[personal profile] ayebydan 2019-01-08 02:46 pm (UTC)(link)
I would go straight to HR. Manager does not deserve a chance to right this.
jadelennox: Oracle about to kick ass: "'cripple', my butt." (gimp: cripple)

[personal profile] jadelennox 2019-01-09 07:28 pm (UTC)(link)
I would go straight to ADA-specializing lawyer, since many HR departments are populated by terrible people. At least in big cities, many lawyers will do initial ADA consults pro bono (at least, in this big city, that was my experience).
xenacryst: Ace, with a big gun and nitro-9 (did somebody say 'nitro-9?')

[personal profile] xenacryst 2019-01-08 06:21 pm (UTC)(link)
*flames*

Just an additional point - that discussion in the parenthetical second to last paragraph not only needs to be parenthetical but actually needs to not happen - there is absolutely no reason she should have to talk to anyone at work about whether the implant is comfortable or not, and if her manager suggests otherwise, I believe that is a violation and actionable. The only time medical conditions need to be discussed with anyone at work are when reasonable accommodation needs to be made for something that is actually impacting one's ability to meet the job requirements - that is most definitely not the case here.
dragoness_e: Living Dead Girl (Living Dead Girl)

[personal profile] dragoness_e 2019-01-27 03:06 am (UTC)(link)
I didn't even think about the ADA issue... I jumped straight to "Isn't this near-textbook sexual harassment?" I mean, the manager is essentially saying, "Fix your breast appearance because the guys are complaining it doesn't look sexy enough to them."