Employers need to be aware that allergies to fragrance or multiple chemical sensitivities can be disabilities under ADA, the Americans with Disabilities Act.
This was amply illustrated in a recent post on McBride v. the City of Detroit that ruled senior city manager Susan McBride’s chemical sensitivity was a disability under ADA because it interfered with the major life activity of breathing.
One of the major problems in that case was that the HR department for the City of Detroit simply refused McBride’s request, without any interactive process to uncover a reasonable accommodation.
According to the Job Accommodation Network or JAN, there are a number of ways that employers can accommodate workers with fragrance allergies or chemical sensitivities. JAN is a great resource for any employer dealing with an accommodation issue under ADA.
In the JAN guide on fragrance sensitivities, the non-profit organization suggests that employers take a number of steps before implementing a fragrance-free workplace. These include maintaining good indoor air quality an air purification system. Often, moving the disabled employee’s workstation or modifying his or her schedule is helpful. Employers should consider allowing the employee to communicate with coworkers by Skype, telephone or email, rather than face-to-face.
The most extreme accommodation is to implement a workplace policy asking or requiring all employees to use on fragrance-free products. This includes abstaining from perfume, cologne and aftershave as well as scented soaps and deodorants, and even using unscented laundry soap.