Ah, spring is in the air? Too early for that. It’s just Sandy’s new perfume that smells as sweet as a spring meadow after a rainstorm.
But if another employee complains that the fragrance is aggravating her allergies, you had better act on it or the scent of a lawsuit will soon begin to fill the room.
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.
Case in point: 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 emp...(register to read more)