Sunday, January 06, 2013

Fragrance Sensitivity In The Workplace

Accommodating Fragrance Sensitivity In The Workplace

Severe allergies may be considered disabilities under the Americans with Disabilities Act (ADA), particularly since the definition of disability has been significantly expanded under the ADA Amendments Act.  Employers have a legal duty to reasonably accommodate affected employees who request accommodation.

The city of Detroit found this out the hard way when a city employee with multiple chemical sensitivity sued the city under the ADA for refusing to accommodate her disability.

A co-worker who wore heavy perfume and used a plug-in room deodorizer had transferred into the department in close proximity to the employee, causing the employee to become ill.  The employee asked the co-worker to refrain from using these fragrances; the co-worker stopped using the room deodorizer but continued wearing the perfume.  The employee complained to her supervisor, and although the possibility of relocating either the employee's or the co-worker's workstation was discussed, no steps were ever taken to remedy the situation.  The employee took multiple sick days and leave under the Family and Medical Leave Act (FMLA), and finally sued the city. | Rest of the Article from Business Management Daily |

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