Does your employer have a fragrance-free policy to accommodate a co-worker who is allergic to such perfume? If Human Resources responds that they will request the perfume wearer to refrain from wearing the fragrance, is that enough? A county employee with asthma and a severe chemical sensitivity to certain perfumes and other scented products began to experience difficulty breathing at work when in close proximity to co-workers wearing Japanese Cherry Blossom perfume.
The employee requested that the employer ask the employees to refrain from wearing the particular perfume at work, but the County did not take any action. Her continued exposure caused her to experience progressively more serious reactions. In February 2010, the employee’s exposure to the fragrance resulted in her seeking emergency medical treatment. Certain co-workers then mocked her reaction to the fragrance in Facebook posts, and intentionally continued to wear the perfume.
The employee’s nurse practitioner then wrote a letter informing the employer that the employee’s recent emergency treatment resulted from her exposure to the perfume at work. Although the nurse practitioner acknowledged that the employer could not limit the employee’s exposure to perfume worn by members of the public, she said her exposure can be controlled simply by requesting all staff to avoid some of those major triggers for her out of respect. The employee also requested to be allowed to work from home to accommodate her alleged disability by avoiding exposure to perfume in the workplace.
The employer rejected her requested accommodation but eventually proposed that the employee have access to her inhaler at work, that she be allowed to go outside as often as needed to alleviate any symptoms, and that employees be requested to refrain from wearing Japanese Cherry Blossom while at work. The employee thought that these accommodations would not provide her with sufficient protection and filed a disability discrimination claim.
The Court held that the employee presented a plausible claim for relief when her request for an official fragrance-free workplace policy was denied. Therefore, a jury can decide. Under the Americans with Disabilities Act reasonable accommodations are employer modifications to work environments for employees with disabilities who are qualified that allow them to perform the essential functions of the job they seek or hold.
