Fragrance Sensitivity: Are Employers Required To Accommodate This?

Fragrance sensitivity in the workplace is a growing issue that employers are becoming increasingly aware of. Fragrances are often found in everyday items such as perfumes, air fresheners, cleaning products, and cosmetics, and can cause a range of symptoms in sensitive individuals, including headaches, nausea, and respiratory problems. As such, employers are advised to take steps to accommodate employees with fragrance sensitivity, which may be protected under the Americans with Disabilities Act (ADA). This could include removing the offending fragrance, relocating the employee, or reducing their exposure to fragrances. Implementing fragrance-free policies and providing accommodations such as enclosed workspaces and air purifiers can help create a safe and comfortable environment for all employees.

Fragrance sensitivity as a disability

Fragrance sensitivity can be considered a disability under the Americans with Disabilities Act Amendments Act (ADAAA), the most recent amendment to the Americans with Disabilities Act (ADA). Fragrances are often added to daily-use items such as toiletries, cosmetics, air fresheners, cleaning products, and pesticides. Manufacturers are not required to list every ingredient in a product, making it challenging to identify the specific allergen causing the sensitivity.

Symptoms of fragrance sensitivity vary from headaches, nausea, and skin allergies to more severe reactions such as respiratory problems, asthma attacks, and difficulty breathing. Due to the potential for exposure to fragrances in everyday products and the increase in time spent indoors, individuals with asthma, allergies, or other respiratory disorders are particularly susceptible to the effects of fragranced products.

Employers have legal obligations to accommodate employees with fragrance sensitivity to prevent discrimination lawsuits. Reasonable accommodations should be made to ensure employees with fragrance sensitivity can perform their jobs effectively. These accommodations may include removing the offending fragrance from the workplace, allowing employees to work remotely, or reducing their exposure to fragrances by providing private offices with separate ventilation systems.

In the case of McBride v. City of Detroit, the court ruled that fragrance sensitivity qualified as a disability under the ADAAA, as it interfered with the major life activity of breathing. This case set a precedent for employers to take fragrance sensitivity seriously and make the necessary accommodations to create a safe and inclusive workplace for all employees.

Workplace adjustments

Fragrance sensitivity can cause a range of symptoms, including headaches, nausea, respiratory distress, and skin irritations. It can be difficult to identify the exact cause of the sensitivity, as manufacturers are not required to disclose all ingredients in their products. However, there are a few ways employers can accommodate employees with fragrance sensitivity:

• Remove the offending fragrance: When possible, employers should try to remove the offending fragrance, especially if it is unique to the workplace. However, a total fragrance ban may not be feasible or reasonable, especially if non-employees such as clients and volunteers enter the workplace.
• Remove the employee from the area with fragrances: When removing the fragrance is not possible, employers can move the employee away from the source of the fragrance. This could mean allowing the employee to work from home or in a private office with no exposure to coworkers, clients, or the public.
• Reduce the employee's exposure to fragrances: If the offending fragrance cannot be removed and the employee cannot be moved, employers can reduce their exposure to an acceptable level. This could include providing a private office with its own ventilation, allowing the employee to wear a mask or respirator, or providing regular carpet and mattress cleaning services.
• Create a fragrance-free zone or floor: Employers can designate certain areas or floors as fragrance-free zones, where employees with sensitivities can work without exposure to fragrances.
• Use unscented cleaning products: Employers can switch to unscented cleaning products to reduce the presence of fragrances in the workplace.
• Create a fragrance-free bathroom or break room: Providing a fragrance-free space for employees to take breaks or use the bathroom can help reduce their exposure to fragrances.
• Allow fresh-air breaks: Employees with fragrance sensitivity may benefit from taking breaks outdoors or in areas with fresh air to help alleviate their symptoms.
• Implement a fragrance-free workplace policy: Employers can request that all employees refrain from using fragranced products in the workplace to create a fragrance-free environment. This may include educating employees about the impact of fragrances on their colleagues and providing a list of fragrance-free alternatives.
• Allow remote work or phone-in options: For employees who are sensitive to fragrances, working from home or calling into meetings may be a viable option to reduce their exposure.

It is important to note that accommodations must be tailored to the individual's needs, and employers should discuss these options with the employee to determine the most effective solutions.

Identifying offending fragrances

• Encourage open communication: Foster an environment where employees feel comfortable expressing their concerns about fragrances. This can be achieved through education and raising awareness about fragrance sensitivity. Employees should be encouraged to speak with their supervisors or HR representatives if they are experiencing issues.
• Identify common sources: Fragrances can be found in various products, including perfumes, colognes, air fresheners, scented candles, laundry detergents, toiletries, cosmetics, and pesticides. While perfumes and colognes are often the most obvious culprits, other scented products may also be contributing to the issue.
• Conduct a fragrance audit: Create an inventory of the scented products used by employees and in the workplace itself, such as cleaning products or air fresheners. This can help pinpoint potential sources of irritation.
• Implement fragrance-free zones: Establish areas or rooms where the use of fragrances is prohibited. This can help identify whether a particular fragrance is the source of the issue and provide a safe space for employees with sensitivities.
• Trial and error: Work with the employee(s) with fragrance sensitivity to identify potential triggers. This may involve asking employees to refrain from using certain products for a trial period to determine if symptoms improve.
• Seek expert advice: Consult with occupational health professionals or fragrance experts who can provide guidance on identifying and managing fragrance sensitivities in the workplace. They may suggest specific tools or technologies to help pinpoint offending fragrances.
• Employee collaboration: Encourage employees to work together to find solutions. This may involve employees voluntarily reducing their use of scented products or opting for fragrance-free alternatives, especially when in close proximity to colleagues with sensitivities.

It is important to remember that the specific triggers for fragrance sensitivity can vary from person to person. Therefore, a tailored approach is often necessary to accommodate individual needs. Open communication and a willingness to make reasonable adjustments are key to creating a safe and comfortable work environment for everyone.

Reducing employee exposure

Understanding Fragrance Sensitivity

Fragrance sensitivity can manifest as an irritation or an allergic reaction to certain chemicals or combinations of chemicals in products. While perfumes and colognes are often associated with fragrance sensitivity, fragrances are also commonly found in toiletries, cosmetics, air fresheners, cleaning products, and pesticides. It is important to recognize that employees with fragrance sensitivity may experience a range of symptoms, including headaches, nausea, respiratory problems, asthma, and skin irritations.

Strategies for Reducing Exposure

• Remove the Offending Fragrances: When possible, identify and eliminate specific fragrances that are causing issues, especially those unique to the work environment or minimal in number. However, implementing a total fragrance ban may not be feasible or enforceable, especially with non-employees visiting the workplace.
• Create Fragrance-Free Zones: Establish designated areas or floors in the workplace that are fragrance-free. This can include creating fragrance-free bathrooms or break rooms, ensuring that employees with fragrance sensitivities have a safe space to utilize.
• Use Unscented Products: Encourage the use of unscented cleaning products, air fresheners, and personal care products. This can significantly reduce the presence of fragrances in the workplace and improve air quality.
• Modify Work Arrangements: Allow employees with fragrance sensitivities to work from home or call into meetings where exposure is likely. Alternatively, adjust their work schedules to minimize their exposure to fragrances.
• Improve Ventilation: Provide employees with private offices or workspaces that have their own ventilation systems. This helps isolate them from fragrances in other areas of the workplace and gives them more control over their environment.
• Masks or Respirators: Allow employees to wear masks or respirators as a way to reduce direct exposure to fragrances. However, it is important to note that employers cannot force an employee to wear a mask or respirator if they are unwilling or unable to do so.
• Fresh-Air Breaks: Implement policies that permit employees to take breaks outdoors or in areas with fresh air, giving them a respite from continuous exposure to fragrances.
• Employee Education: Educate employees about fragrance sensitivity and the impact of fragrances on their colleagues. Encourage employees to be mindful of their choices regarding scented products and to respect the needs of their coworkers.

It is important to tailor these strategies to the specific needs of the employees and the workplace. By combining these approaches, employers can effectively reduce employee exposure to fragrances and create a more inclusive and comfortable work environment.

Fragrance-free policies

A fragrance-free policy can include several measures. Firstly, prohibiting employees from bringing onto the premises natural or artificial scents that could be distracting or irritating to others. This includes scented personal products such as fragrances, colognes, lotions, and powders that are perceptible to others. Employees with a medical necessity to use scented products may request reasonable accommodations. Additionally, the use of scented candles, potpourri, and similar items can be prohibited, and unscented cleaning products can be used. Creating fragrance-free zones, such as bathrooms or break rooms, can also help accommodate employees with fragrance sensitivities.

Employers can also reduce employees' exposure to fragrances by moving their work location to a private office with its own ventilation or allowing them to work from home or call into meetings where exposure is likely. Providing fresh-air breaks and allowing the use of masks or respirators can also help reduce fragrance exposure.

It is important to note that fragrance sensitivity can range from mild, similar to seasonal allergies, to severe, triggering migraine headaches or asthma attacks. Therefore, employers should take requests for reasonable accommodations seriously and work with employees to identify solutions that meet their needs.

Frequently asked questions