Woman Forced To Wear Diapers To Work, Wins $150,000 Settlement

[timmyc]

By STEPHANIE FARR

Philadelphia Daily News

farrs@phillynews.com 215-854-4225

A woman who claimed that she had to wear adult diapers to her job with a construction company because it would not provide portable toilets was granted a $150,000 settlement in a gender-discrimination suit brought by the Equal Employment Opportunity Commission.

Four other female employees of Danella Construction Corp., of Plymouth Meeting, who also claimed that they were discriminated against because of their sex, split an additional $50,000, according to a consent decree filed in federal court yesterday, which is pending judicial approval.

Lisa Drozdowski, 37, of Levittown, who began working as a flagger for Danella in 2005, said that although men at construction sites would urinate in holes or behind backhoes and trucks, she was sometimes had to walk a quarter mile to her car and drive 5 to 10 minutes to find the nearest restroom.

If other female flaggers were present, they would shield each other from passing cars and co-workers with blankets while they relieved themselves, she said.

But several times, while Drozdowski was the only woman on a job, by the time she was granted a bathroom break, it was too late and she had urinated on herself, she said.

A single mother of three at the time that she was employed with the company, between 2005 and 2006, Drozdowski said that she couldn't quit because she had to support her family.

So, she said, she started wearing Depends adult diapers to work every day.

"It was humiliating," she said. "But I needed the job."

Drozdowski also said that when she asked to be promoted to a laborer's position she was told by management that the company did not hire female laborers.

When she complained about both issues, she said, the company stopped giving her work. A retaliation claim was also included in the suit brought by the EEOC.

In a statement provided by Danella's lawyer, Sandra A. Girifalco, the company flatly denied the claims and said that it has always provided restrooms at its work sites.

"No one was ever denied a job because of their gender," the statement said. "No one, male or female, was ever denied the opportunity to go to a restroom when the need to go was known."

According to the statement, the company entered into the consent degree to end "expensive and distracting" litigation.

"The amount [Danella] agreed to pay took into account the cost of continuing the litigation and was far less than the EEOC initially sought," the statement said.

[JDL23]

That's quite a shame. It would be one thing if she had been wearing diapers for medical or recreational purposes, but this was done out of desperation. And it's not like portable toilets are that hard to procure!

[d_drew12]

I don't really buy into lawsuits like this. I sometimes take the companies side. Walk a quarter mile then drive to a bathroom??? OMG a quarter mile, like 1,300 ft. I walk that far from my vehicle to the building everday. Big deal. When I worked a construction job, we'd pee behind something, 4 man crew, if you had to do #2, drove into town to a gas station. No big deal, nobody bitched. Like she's never had to hold it for 5-10 minutes before while on the freeway in traffic, or busy, or in a meeting, etc. That's just rediculous. Secondly, she HAD to wear diapers and they were so embarrassing but she did it anyway. NO ONE forced her. Sorry, but not all jobs in the world have a bathroom 10 ft away. You don't have one every block on the highway in a traffic jam. I wonder how long it was before she asked before she was allowed to leave and how urgent it was at the time she asked. Certain jobs reqiure you to maybe hold it, if you can't do it and it's causing problems in the job, then maybe the jobs not right for you. Think about cops or snippers, people fighting in Iraq, doctors, surgeons, whatever that must hold it or I guess wear a diaper if they can't for extended periods. The whole single mother of three is to pull at the heart strings of a jury. If she was a married women, no children, doubt a case would've happened. The "we don't hire female labors" is a he said, she said and obviously a ploy to add more to the case to win. I would highly doubt, unless you are a complete idiout, you would ever say this, you are asking for trouble. The employeer could just as easily say, she wanted to wear diapers and now changed her mind but no one would believe that, but a jury will believe whatever she'll say. Pisses me off. She could've said, they made sexual passes too, surprized that didn't make it in. The employeer has to disprove it like there guilty before they're inocent, so it's like we believe her unless you can prove her wrong but again, it's a lot of hear say.

Sad a company has to look guilty and pay this lady to end the thing because it would've cost them more to continue and win then just pay them something. Okay..leap...off the soap box for now.

[Dougie]

I'm going to agree with drew on this one. Sounds like someone out for a free ride on someone's dime but her own. That story sounds like something off of Jerry Springer or something.

[boy ricky]

Not sure of the whole set of facts. An employer does need to provide bathroom facilities and a person needing then has to be reasonable. That said, she found an innovative solution and made it seem humiliating. Silly employer would have been smarter to set up a lil porta potty near her.

[peelover]

If she can't hold it in, thats her problem. I can hold it in all day if I want to.

[Darkfinn]

Jesus, you people can be a bunch of inconsiderate assholes.

On another note... I thought there was a legal requirement for portable toilets on construction jobsites.

[AutieAB]

On another note... I thought there was a legal requirement for portable toilets on construction jobsites.

Yep. 29 CFR 1926.51( c )

[boy ricky]

Jesus, you people can be a bunch of inconsiderate assholes.

On another note... I thought there was a legal requirement for portable toilets on construction jobsites.

She has a right. As to the comment "I can hold it all day" he should know not all people can and women in many cases need a place to go more often than men.

[d_drew12]

Yep. 29 CFR 1926.51( c )

Nope, read further down.

"The requirements of this paragraph

[loopy]

ZOMG! I peed MY diaper! OH NO! Now I'm traumatized! *runs off screaming*

Hey, I'd feel pretty traumatized if it got me $150,000

[AutieAB]

Hey, I'd feel pretty traumatized if it got me $150,000

Don't forget those two magic words in the US civil court system: "Pain and suffering"

[Diaper Mike 05]

Yeah, because her job is one that you can just up and leave to take a pee break

Seriously, if she knew she had an issue or thought there would be an issue, she either needed to not take the job or worn diapers on her own initiative, or found some other way to be able to relieve herself when required. She should have known that traffic and coverage doesn't happen the moment one needs it and she needed to plan accordingly. I honestly can't believe this case has gone through the system.

[d_drew12]

I honestly can't believe this case has gone through the system.

I can but wish it didn't. These are the type of cases that make it through, singe mom, boo hoo, story. If she were a male and in the same EXACT situation, the case would have been dropped by the courts. Actually, she maybe wouldn't have won anything had they let the trial run it's course but as stated, the company just settled and paid her because it'd cost them more to continue and even win owing her nothing.

[Yvhuce]

Damn... This would've been fun to see on a court show... And she probly would've lost...

[ArtemisEnterri]

A flagger is a person who provides temporary traffic control so toilets would not be required on a job that is on the move. Sounds like there was transportation, she just had issues holding it while they found someone to take over and so she could leave. It's BS. If you have a condition that makes you need to be around a bathroom you can get to in a minute then you shouldn't have taken the job. Flaggers make good money, sometimes over $30 an hour to stand there with a sign that says STOP or SLOW because it's considered hazardous work.

Dang, with all the construction crews in my area lately, that woulda been a great job to have...

And I coulda worn my diapers all day and not had to worry about it.

[Snugglebug]

There were bathroom facilities! Holes

She could pee in a hole

Ya know, I was just going to make the comment "Why not use a shewee?" until I saw this posted. And you're right; a simple hole works just fine. Frankly, having worked in the bush with female coworkers, I have a little difficulty with the validity of this woman's claims. If the vast majority of other women, in job roles such as flagging, tree planting, forest fire fighting, etc., can manage without bathroom facilities, why couldn't she?

[Nat]

Your bladder gets weaker when you have kids I heard. Not everyone can hold it all day. I wouldn't have a problem wearing diapers. I wear them to work again at my new job and I don't even need to but I do.

I have spoken to someone online who worked graveyard as a security person and he had to stay up all night so he drank coffee. He couldn't go to the bathroom and could only go during breaks. It's one of those jobs where you can't leave to use the restroom. After having two accidents, he started wearing diapers to work. He was a DL fortunately so he had no problem. He needed the money he said and the coffee was to keep him up and he couldn't hold it that long. So the diapers were there to catch his accidents.

Yep diapers are the solution for these jobs and a good excuse to wear them too and not be ashamed of it. Astronauts wear them, deep sea divers wear them, pilots wear them, and I even heard truck drivers wear them.

[ArtemisEnterri]

Your bladder gets weaker when you have kids I heard. Not everyone can hold it all day. I wouldn't have a problem wearing diapers. I wear them to work again at my new job and I don't even need to but I do.

I have spoken to someone online who worked graveyard as a security person and he had to stay up all night so he drank coffee. He couldn't go to the bathroom and could only go during breaks. It's one of those jobs where you can't leave to use the restroom. After having two accidents, he started wearing diapers to work. He was a DL fortunately so he had no problem. He needed the money he said and the coffee was to keep him up and he couldn't hold it that long. So the diapers were there to catch his accidents.

Yep diapers are the solution for these jobs and a good excuse to wear them too and not be ashamed of it. Astronauts wear them, deep sea divers wear them, pilots wear them, and I even heard truck drivers wear them.

Some rumors say that even Nascar drivers wear them...

It boggles my mind trying to understand why "normal vanillas" have such a hard time with the subject of adult diapers...

[loopy]

Ya know, I was just going to make the comment "Why not use a shewee?" until I saw this posted. And you're right; a simple hole works just fine. Frankly, having worked in the bush with female coworkers, I have a little difficulty with the validity of this woman's claims. If the vast majority of other women, in job roles such as flagging, tree planting, forest fire fighting, etc., can manage without bathroom facilities, why couldn't she?

She wouldn't have gotten $150k if she just managed it

ArtemisEnterri: I think its kinda easy to understand why "normals" have a hard time understanding..... you get taught when you're little that nappies are for babies, not big kids, and it gets re-enforced alot, accidents are bad, going in your pants is bad! Toilet only etc. If they only knew just how many people where for fun, need, or convenience it would blow their minds

[ArtemisEnterri]

She wouldn't have gotten $150k if she just managed it

ArtemisEnterri: I think its kinda easy to understand why "normals" have a hard time understanding..... you get taught when you're little that nappies are for babies, not big kids, and it gets re-enforced alot, accidents are bad, going in your pants is bad! Toilet only etc. If they only knew just how many people where for fun, need, or convenience it would blow their minds

If only the people who bitch and moan about how people waste so much water would think about the fact that flushing a toilet wastes at least 2 gallons of water PER FLUSH... So in a way diapers are BETTER for the environment...

[babykeiff]

Congratulations, Ms Lisa Drozdowski, 37, of Levittown. You have just successfully forced construction companies worldwide to think twice when hiring female staff. It has taken women the best part of 100 years to gain some semblence of equality, but with your attidude, you want 'more' since the employee is a woman and can not cope with the situation presented . Again I say congratulations Ms Lisa Drozdowski.

[toddmdl]

If only the people who bitch and moan about how people waste so much water would think about the fact that flushing a toilet wastes at least 2 gallons of water PER FLUSH... So in a way diapers are BETTER for the environment...

I used to think the same way then I thought about all those disposables in landfills and how they take to decay so that can't be good for the environment. The only other possibility is cloth diapers even though that requires a lot of detergent and water. All in all I have come to the conclusion that dealing with human waste can't be good for the environment. The only answer is to start going outside more often haha. Oh and I think this woman in the thread was definitely out for a handout.

[Mingo]

I think she deserved more than what they gave her. I would expect this kind of thing in a third world country, not here.

[loopy]

Yea, you're right, she deserves ONE MILLION DOLLARS.

The blame culture of the west is the worst thing to happen to civilization ever. "Its not MY fault for falling off this ladder, even through my job involves going up and down ladders, and I should really check my equipment. Money now please."

People should start taking responsibility for themselves, instead of finding anyone else to blame (and try and get lots of money for being stupid).