Fragrance Policy: Can I Sue My Employer?

Fragrance sensitivity is a common issue in the workplace, with an estimated 30% of the population suffering from some type of chemical sensitivity. While it is not possible to create a 100% fragrance-free environment, employers can implement fragrance policies to reduce overall exposure to fragrances at work.

Employers who fail to accommodate employees with fragrance sensitivity may face legal consequences, including discrimination lawsuits. According to the Americans with Disabilities Act (ADA), employers must make reasonable accommodations for employees with fragrance sensitivities. However, it is important to note that the ADA does not require a completely fragrance-free environment, as this may be considered impractical to enforce.

Some ways to accommodate employees with fragrance sensitivity include:

- Using fragrance-free or unscented cleaning products and air fresheners

- Adopting fragrance-free work zones or providing a scent-free area

- Allowing employees to work from home or call into meetings where their exposure to fragrances is likely

- Educating employees about fragrances and substances that can trigger allergic reactions

- Encouraging employees to share their feelings and preferences with their supervisors

- Modifying the working schedule of the affected employee

Fragrance sensitivity as a disability

Fragrance sensitivity is an irritation or allergic reaction to a chemical or combination of chemicals in a product. While perfumes and colognes are the most common causes, fragrances are often added to toiletries, cosmetics, air fresheners, cleaning products, and pesticides.

Symptoms of fragrance sensitivity can include headaches, nausea, and skin allergies like contact dermatitis, which causes redness, itching, and burning. Other symptoms include watery, itching, burning, and red eyes; sneezing; a runny nose; and congestion. In more severe cases, individuals may experience breathing difficulties such as wheezing, a tight feeling in the chest, or worsening of asthma symptoms.

Fragrance sensitivity can be considered a disability under the Americans with Disabilities Act (ADA). A federal court ruled that an allergy to scents can be a disability under the ADAAA, the most recent amendment to the ADA. This means that if an employee has severe symptoms due to exposure to fragrances, their employer may be required to provide reasonable accommodations.

To accommodate employees with fragrance sensitivity, employers can take steps to ensure a fragrance-free workplace, including banning the use of perfumes, colognes, and scented soaps. However, a 100% fragrance-free environment may not be considered reasonable under the ADA due to enforcement challenges. Instead, employers can implement fragrance policies or notices requesting that employees refrain from using scented products in the workplace.

Employers can also take alternative steps to reduce employees' exposure to fragrances, such as allowing them to work from home or in private offices with their own ventilation systems. In some cases, employees may be permitted to wear masks or respirators, although employers cannot force this option on employees.

It is important to note that not all employees with fragrance allergies are entitled to accommodations. For a condition to be considered a disability under the ADA, it must substantially limit one or more major life activities. Minor allergies that cause a runny nose or sneezing, for example, would not typically qualify for accommodations.

The Americans with Disabilities Act (ADA)

Under the ADA, employers are required to provide "reasonable accommodations" to employees with disabilities to allow them to work unless doing so poses an undue hardship. This may include implementing fragrance-free policies or notices requesting that employees refrain from wearing or using scented products in the workplace. While a 100% fragrance-free environment may not be considered reasonable due to enforcement challenges, employers can still take measures to reduce exposure to known irritants.

If an employer fails to provide reasonable accommodations, employees can file a complaint with the Equal Employment Opportunity Commission (EEOC) for discrimination under the ADA. In the case of McBride v. City of Detroit, the court ruled that an allergy to scents can be a disability under the ADA, and the employer was required to revise its ADA handbook, training, and notices to implement a fragrance-free policy.

It is important to note that not every employee with a minor allergy is entitled to accommodation under the ADA. The condition must substantially limit one or more major life activities for the employee to be considered disabled and protected under the Act.

Workplace fragrance policies

Implementation of Fragrance Policies

The implementation of fragrance policies varies depending on the organisation. Some companies may choose to ban fragrances entirely, while others may focus on specific products used in the workplace, such as plug-ins, scented candles, and aerosol sprays. It is important to note that employers are not legally required to enforce fragrance-free policies, but they can be held responsible for providing reasonable accommodations to employees with medical conditions.

Enforcing Fragrance Policies

Enforcing fragrance policies can be challenging, and it often involves increasing awareness among employees about the impact of fragrance chemicals on their health and the health of their colleagues. Employers can inform their workforce through email communications, meetings, and signage posted throughout the workplace. They can also include fragrance policies in employee handbooks and new hire orientation materials.

Legal Recourse for Employees

If an employee has a medically documented fragrance sensitivity that qualifies as a disability under the Americans with Disabilities Act (ADA), and their employer fails to enforce a fragrance-free policy, the employee may have legal recourse. In such cases, the employee can file a complaint with the Equal Employment Opportunity Commission (EEOC) for discrimination under the ADA. Alternatively, they can consult a private employment lawyer who can send a letter to the employer notifying them of their potential violation of the ADA.

Overall, workplace fragrance policies are important to ensure a safe and comfortable environment for all employees, especially those with fragrance sensitivities. While a completely fragrance-free environment may not be achievable, employers can take steps to reduce fragrance use and enforce policies through awareness and communication. Employees with fragrance sensitivities who are impacted by their employer's lack of enforcement can explore legal options to protect their rights and well-being.

Reasonable accommodations

Fragrance sensitivity is a growing issue in the workplace, with an increasing number of people experiencing allergic reactions or irritation from chemicals in perfumes and other scented products. This can include breathing difficulties, headaches, nausea, hives, and skin irritations.

Employers are not required to enforce a 100% fragrance-free environment, as this may not be considered reasonable under the Americans with Disabilities Act (ADA). However, they are required to provide reasonable accommodations for employees with fragrance sensitivity under the ADA. This means that employers should take steps to reduce or eliminate exposure to known irritants.

• Implementing a fragrance policy: Employers can create a fragrance policy that requests employees to refrain from wearing or using scented products in the workplace. This can include personal care products such as perfumes, colognes, aftershaves, scented lotions, fragranced hair products, and similar items.
• Banning certain products: Employers can ban the use of specific products that contain fragrances, such as plug-ins, scented candles, aerosol sprays, air fresheners, and scented cleaning products.
• Using unscented products: Encouraging or requiring employees to use unscented personal care and cleaning products can help reduce overall fragrance exposure in the workplace.
• Providing a scent-free area: Creating designated areas where employees with scent sensitivities can work without being exposed to fragrances can be an effective accommodation.
• Working from home or calling into meetings: For employees with severe fragrance sensitivity, working from home or joining meetings remotely can be a reasonable accommodation to limit their exposure to fragrances.
• Modifying work schedules: Changing the work schedule of an affected employee can help reduce their exposure to fragrances in the workplace.
• Improving air quality: Employers can invest in air purification systems or improve ventilation to maintain good air quality and reduce the concentration of fragrances in the air.
• Educating employees: Providing information and training to employees about fragrance sensitivity, its symptoms, and the impact of fragrances on health can increase awareness and encourage employees to be more mindful of their use of scented products.
• Offering alternative solutions: In addition to the accommodations mentioned above, there may be other alternative solutions that can be tailored to the specific needs of the employee with fragrance sensitivity.

It is important to note that the accommodations must be reasonable and should not create an undue hardship for the employer. Employers should engage in a dialogue with the employee, request medical documentation to support the need for accommodations, and work together to find a solution that allows the employee to perform the essential functions of their job effectively.

Discrimination lawsuits

Fragrance sensitivity can cause a range of symptoms, including breathing difficulties, headaches, nausea, skin irritations, and cognitive issues. Employees with these sensitivities may experience difficulties performing their jobs effectively and may even face long-term health issues and absences from work.

Courts have held that fragrance sensitivities can be considered a disability under the Americans with Disabilities Act (ADA). This means that if an employer fails to enforce a fragrance policy, they may be found liable for not providing reasonable accommodations for employees with fragrance sensitivity.

In the case of Doris Sexton v. Cumberland Manor Nursing Home (2005), an employee claimed damages because perfume sprayed by a co-worker left her permanently disabled and unable to work. While the initial plea was rejected by a New Jersey court, an appeals court held the employer liable, setting a precedent for similar cases.

To avoid potential discrimination lawsuits, employers should strive to implement and enforce fragrance policies that ensure a safe and comfortable working environment for all employees. This may include sending out memos, requesting that employees refrain from wearing scented products, or implementing policies related to products used in the workplace, such as banning plug-ins, scented candles, and aerosol sprays.

It is important to note that employees who feel their rights have been violated may file a complaint with the Equal Employment Opportunity Commission (EEOC) for discrimination under the ADA. Alternatively, they may choose to hire a private employment lawyer to send a letter to their employer, notifying them of the potential violation.

Frequently asked questions