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The Ideal Candidate, Until They Learned How She Communicates

By Jermaine Brown on June 22, 2026
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Trial Attorney Jermaine Brown

A woman applies for a position that suits her precisely. She holds the academic credentials the role demands and carries the years of experience behind them. She has done the work before, done it well, and has the record to prove it. The kind of résumé that speaks before she enters the room. On paper, she is eminently qualified.

Then the employer learns that she communicates in signed language. The ideal candidate, the one whose credentials they had just finished admiring, never gets the interview at all. Her application is tossed in the trash.

The moment the employer learned, the conversation was over. Her ability was never tested. No one sat across from her and found her wanting. The credentials that made her ideal an hour earlier had not changed. The experience had not changed. The record had not changed. A single fact, not about whether she could do the job but about how she communicates while doing it, moved her from yes to no before anyone let the work become the question. That swift movement from ideal to unhireable, on the strength of nothing but how a person communicates, has a name. Audism.

The Word

Audism is the unexamined assumption that hearing and speaking are the baseline condition of a full human life, and that everything else is measured as distance from it. The term was coined half a century ago by Tom Humphries, who studied language and culture. It belongs to the same family as words already in use without flinching. Racism takes one category of person as the default and reads everyone else against it. Sexism does the same. Audism does it with hearing.

The word is unfamiliar, and that is not an accident. A bias earns a name when enough people notice it doing harm. Audism has stayed nameless because the assumption underneath it is so widely shared that pointing at it feels strange, like pointing at the air. Almost everyone agrees, without ever deciding to, that hearing is simply how a person takes in the world. An assumption that universal stops looking like an assumption. It looks like reality. A bias that looks like reality is the most durable kind there is, because no one thinks to argue with it.

Where It Comes From

To see why the assumption runs so deep, consider how a hearing person actually learns the world. Not the things someone sat them down and taught, but the rest of it. How conflict gets handled. What a word really means from the tone wrapped around it. Who matters in a room, and what is happening underneath what is being said. Most of that is never taught. It seeps in. The conversation at the next table, the radio in the background, the argument through a wall, the remark that was not meant for anyone. A lifetime of it, absorbed without effort and without notice.

That is osmosis. Knowledge that arrives on its own, through a door no one remembers opening. For a hearing person the door is sound, and it has stood open since before memory. They did not study their world so much as soak it up. This is what it means to call the world audiocentric. The whole of it is built on the silent assumption that sound is the normal way to acquire and exchange information. Of course you overhear. Of course you pick it up. Of course the information is in the air and you are standing in it. When that assumption is everywhere, it disappears, and the person who has lived inside it his whole life can no more see it than see the air he breathes.

That reveals what the people who closed the door could not see. When they learned the candidate signs, what moved through their minds was not a thought they would ever say aloud. It was closer to a discomfort, a sense that she sat outside the way things are supposed to work, outside the overhearing and the absorbing by ear that they have done their whole lives and assume everyone does. They did not decide she was less capable. They felt she was less familiar, and they trusted the feeling enough to act on it. That is audist bias. It runs beneath speech, a discount applied before anyone forms a sentence about her. No one announced a verdict. No one had to.

How It Shows Up When No One Is Hiring or Firing

Audism does not need an interview to do its work. It lives in the ordinary week, in the things people say while meaning nothing but well. Every signing professional knows this one. A decision gets made in a hallway, or a meeting runs hot and fast with everyone talking over everyone, and a colleague turns and says, “I’ll tell you later.”

Sometimes that later never comes. The colleague gets busy, the moment passes, and the promise simply evaporates. Sometimes later does come, but half-filled. The decision without the reasoning, the what without the why, the headline with the story sanded off. Either way, the signing professional now operates on partial information she was assured she would be given in full. The well-meaning courtesy becomes a cost. When something goes wrong because of the gap, the gap becomes hers. She is the one who missed it, dropped it, did not follow through. She is held to account for a piece of the picture that someone else took, promised to hand back, and never did. The information was in the air the whole time. She was simply not standing where the air was.

That is the quiet engine under the loud cases. No malice, no slur, just a hundred small moments where the world assumes a person was standing in the stream and quietly marks her down when it turns out she was not.

When Audism Becomes Unlawful

Audism is not a legal term. No statute names it, and no court will hear a claim built on the word itself. But the law does not need the word to reach the conduct. When audism drives a real decision about a person’s job, it stops being an attitude and becomes an act, and the act is one the law already governs.

Under the Americans with Disabilities Act, and under Chapter 21 of the Texas Labor Code, an employer may not take an adverse action against a qualified person because she signs. Federal employers, and employers who take federal funds, answer to the Rehabilitation Act on the same terms. The protection is not limited to hiring. It reaches termination, demotion, the promotion that goes to someone else, the pay that comes in lower, the discipline that lands on the wrong person, and the everyday terms and conditions of the job. Wherever audism turns into a decision that costs a worker something, the law has a name for it even though the bias does not.

The hurt of being passed over, written up, or pushed out is real on its own. When the reason traces to how a person communicates, the hurt is also, in many cases, a violation.

Why the Word Matters

A bias cannot be challenged before it can be seen, and it cannot be seen without a word for it. As long as audism stays nameless, every instance of it gets filed as something else. A poor fit. A communication issue. A vague sense that someone was not quite right for the role. The word turns a feeling into a thing that can be pointed at. Once it can be pointed at, the question that was never asked in that interview room can finally be asked. Was this about whether she could do the job, or only about how she would have done it? Naming the bias does not by itself end it. But nothing ends until it can first be named.

If a job, a promotion, or a fair shot slipped away the moment someone learned how you communicate, or if you have spent your career being measured by how easily people can take you in rather than by the work you actually deliver, you are not imagining it, and you are not alone. What happened to you may have a remedy under the law. 

I represent workers who have been pushed aside for who they are rather than what they can do, and I would like to listen to your story. For a confidential conversation, let’s schedule a consultation with me in Houston or a colleague in Dallas or Austin.

Photo of Jermaine Brown Jermaine Brown

We asked Jermaine Brown, a Trial Attorney in the Houston office of Wiley Wheeler, P.C., to provide his sincere answers to a range of questions.  After reading, you will be more more abreast with the understanding and competency that Mr. Brown brings.…

We asked Jermaine Brown, a Trial Attorney in the Houston office of Wiley Wheeler, P.C., to provide his sincere answers to a range of questions.  After reading, you will be more more abreast with the understanding and competency that Mr. Brown brings.

1. Why did you start practicing labor and employment law? 

Employment is the foundation of social mobility. It is how people build lives, support families, and claim their place in our society. When an institution denies someone that opportunity or punishes them for asserting their rights, it strikes at their dignity. I practice employment law because my clients’ dignity at work matters.

2. Who is your favorite Supreme Court Justice?

John Marshall Harlan, the Great Dissenter, who stood alone in Plessy v. Ferguson and declared that the Constitution neither knows nor tolerates classes among citizens.

3. What do you think is the most important part of a good case? 

The client. Facts matter, evidence matters, but a good case starts with a client ready to assert their voice. When someone trusts you with their story, that’s the foundation on which everything else is built.

4. If you could write a new law, what would it do?

The Workplace Sunlight Act. Justice Louis Brandeis was right: “Sunlight is the best disinfectant.” The government already tracks which employers face discrimination charges, safety complaints, and labor violations—but keeps that information in the dark. This law would require federal and state agencies to publish information about certain employers. It would also require employers to disclose what the government does not see. Investors get disclosures before risking their money.

Workers deserve the same before risking their livelihoods. What grows in darkness cannot survive the light; only sunlight disinfects.

5. Besides Rob Wiley, P.C., what is the most interesting job that you have had?

College wrestling assistant coach. I worked with young athletes and learned that the real teaching happens off the mat. Wrestling teaches you how to get back up when someone takes you down. Life demands the same. 

6. How do you market yourself differently than others?

Every case has a story. Often, that story has been minimized, rewritten, or ignored entirely. Clients come in carrying a heavy burden—an experience that shaped them, that cost them, that no one took seriously. They have been talked over, written off, or quietly pushed out. Somewhere along the way, they started to wonder if they were the problem. They are not. The client lived it. They know what happened. Their story matters. It deserves to be acknowledged, protected, and championed. It deserves to be heard. I am here to listen. To protect. To advocate.

 7. What do you do when you’re not practicing law?

Serving my community. Reading fiction and nonfiction books. Laughing with those who are dear to me.

8. How would you describe the color yellow to someone who could not see?

9. Yellow is the feeling of the sun rays landing on your face after days of gray. It does not ask permission. It just arrives. It is the warmth of someone sitting beside you in silence, asking for nothing, offering everything.

10. What’s your favorite legal TV show?

Pro Bono, a Korean legal drama.

  1. If you could argue any case in history, what would it be?

Two cases. In Board of Education v. Rowley, I would argue that signed language is not merely an auxiliary aid or tool—it is a distinct language deserving the same constitutional protection in education that the Supreme Court recognized in Meyer v. Nebraska and Pierce v. Society of Sisters. A child deserves an education in her language—not just access, but belonging. In Buck v. Bell, the Supreme Court allowed the state to decide who was worthy of existence. That idea did not stay in that courtroom. It crossed an ocean and became the blueprint for atrocities. I would argue what should have been argued then—that no government has the right to decide who belongs. Carrie Buck’s dignity was not the state’s to erase.

Read more about Jermaine BrownEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Texas Employment Lawyer
  • Organization:
    Law Office of Rob Wiley, P.C.
  • Article: View Original Source

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