Heidi Norton
Fragrance sensitivity in the workplace and public spaces has become a growing concern, with some employees reporting allergies and chemical sensitivities. While not all fragrance sensitivities are considered disabilities, the Americans with Disabilities Act (ADA) does provide guidelines and accommodations for those who are severely affected. The ADA defines a person with a disability as someone with a physical or mental impairment that limits major life activities, and in some cases, fragrance sensitivity can fall under this category. Employers are encouraged to foster an environment that is sensitive to these needs and make reasonable accommodations, such as removing offending fragrances or relocating employees away from fragranced areas.
| Characteristics | Values |
|---|---|
| Definition of disability under ADA | A person has a disability if they have a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having an impairment. |
| Fragrance sensitivity as a disability | Some people with fragrance sensitivity will have a disability under the ADA, and some will not. |
| Examples of accommodations | Removing offending fragrances from the work environment, removing the employee from the area where fragrances are located, providing an air purification system, reducing the time the employee spends in the office, detoxifying or removing carpets, providing a fragrance-free environment |
| Court rulings | McBride v. City of Detroit, Susan McBride v. the City of Detroit |
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What You'll Learn
Fragrance sensitivity as a disability
The Americans with Disabilities Act (ADA) does not contain a list of medical conditions that constitute disabilities. Instead, the ADA defines a person with a disability as someone with a physical or mental impairment that "substantially limits one or more major life activities". This means that some people with fragrance sensitivity will have a disability under the ADA, and some will not.
Symptoms of fragrance sensitivity can include headaches, nausea, and skin allergies like contact dermatitis, which causes redness, itching, and burning. Watery, itching, burning, and red eyes; sneezing; runny nose; and congestion are also common. In more severe cases, individuals may experience breathing difficulties, such as wheezing, a tight feeling in the chest, or worsening of asthma symptoms. Those with asthma, allergies, or other respiratory disorders may be more susceptible to the effects of fragranced products.
In the most severe cases, employees may have a condition called MCS or Multiple Chemical Sensitivity, which may cause a variety of symptoms including excruciating nerve pain along the arms and legs. MCS is a controversial diagnosis, as while medical experts agree that individuals with MCS suffer severe, often debilitating pain, not all agree that chemicals are the cause. However, employers still need to make accommodations for employees who are diagnosed with MCS.
According to the Job Accommodation Network (JAN), there are three options for accommodating an employee with fragrance sensitivity:
- Remove the offending fragrances, especially if the fragrance is unique to the work environment, minimal, and/or the employer has more control over it. However, it is probably not reasonable for an employer to have and enforce a total no-fragrance policy, as it is difficult if not impossible to enforce, especially if non-employees such as clients and volunteers come into the workplace.
- Remove the employee from the area where the fragrances are located. This usually means working at home or in a private office with no exposure to coworkers, clients, or other members of the public.
- In some cases, it may be possible to implement a combination of the first two options, such as by providing an enclosed cubicle with an air purification system, asking coworkers to decrease or eliminate the use of fragrances, and reducing the time the employee spends in the office by altering face-to-face communication with coworkers to telephone, e-mail, or fax.
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Accommodating employees with fragrance sensitivity
Fragrance sensitivity in the workplace can be a tricky issue to navigate, and it is important that employers are aware of their obligations and the steps they can take to accommodate employees with fragrance sensitivity.
Firstly, it is worth noting that not all fragrance sensitivity cases will be considered a disability under the Americans with Disabilities Act (ADA). The ADA defines a person with a disability as someone with a physical or mental impairment that "substantially limits one or more major life activities". Therefore, some people with fragrance sensitivity will have a disability under the ADA, and some will not. However, as attorney Esther Lander advises, "employers should seek to accommodate an employee who has a fragrance sensitivity regardless of whether the symptoms rise to the level of a disability".
There are several steps that employers can take to accommodate employees with fragrance sensitivity. According to the Job Accommodation Network (JAN), there are three main options:
- Remove the offending fragrances: This can be done by implementing a fragrance-free workplace policy, which includes the use of unscented cleaning products, and creating scent-free areas. However, it is important to note that a totally fragrance-free policy may be difficult to enforce, especially with non-employees such as clients and volunteers coming into the workplace.
- Remove the employee from the area where the fragrances are located: This can involve allowing the employee to work from home or in a private office with its own ventilation and limited exposure to coworkers, clients, or the public.
- Reduce the employee's exposure to fragrances: This can be achieved by moving the employee to a more enclosed space, asking coworkers to decrease or eliminate the use of fragrances, allowing the employee to take breaks to get fresh air, and providing the employee with a mask or respirator.
It is also important for employers to foster an environment of acceptance and sensitivity through training and disability awareness efforts. Additionally, employers can seek guidance from resources such as JAN, which offers a guide on fragrance sensitivities and accommodation ideas.
By taking these steps, employers can ensure that they are accommodating employees with fragrance sensitivity to the best of their ability and providing a safe and comfortable working environment.
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Court rulings on fragrance sensitivity
Court rulings have affirmed that fragrance sensitivity can be considered a disability under the Americans with Disabilities Act (ADA). This means that employers are required to make reasonable accommodations for employees with fragrance sensitivity. However, not all cases of fragrance sensitivity will qualify as a disability under the ADA, and the specific facts of each case will determine whether an accommodation is required.
In the case of McBride v. City of Detroit, the court ruled that Susan McBride's chemical sensitivity was a disability under the ADA because it interfered with the major life activity of breathing. McBride, a senior city planner, had complained about a coworker's heavy use of perfume and a room deodorizer. The city initially refused to accommodate McBride's request, but after losing the case, they agreed to revise their ADA handbook and training and to post notices about their new fragrance-free policy. The City of Detroit also paid McBride $100,000.
Another case, Ali v. Regan, involved an employee with a fragrance allergy who requested to move from a cubicle to an office as an accommodation. The employee was offered the option to telework full-time, but he refused because it would hinder his ability to print things at home and communicate with others. A district court initially ruled against the employee, but a federal appeals court reversed the decision, stating that a jury could find the employer's proposed accommodation unreasonable.
These cases set important precedents for employers to be aware of fragrance sensitivity as a potential disability under the ADA and to be prepared to make reasonable accommodations for employees with this condition. However, it is important to note that not all employees with fragrance sensitivity will require accommodations, and each case should be evaluated individually.
While some employers may choose to implement a complete fragrance-free policy, this may not always be reasonable or possible, especially when considering clients, volunteers, and other non-employees who may come into the workplace. In some cases, a more feasible solution may be to remove the offending fragrance or relocate the employee to an area away from the fragrances.
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Fragrance sensitivity in schools
In the context of schools, fragrance sensitivity can impact students and staff who have asthma or other respiratory issues. For example, a student with asthma may be triggered by their teacher's perfume or by the use of Lysol or other cleaning products in the classroom. In such cases, schools have a responsibility to take appropriate action and make reasonable accommodations.
To accommodate individuals with fragrance sensitivity, schools can implement a fragrance-free policy. This may include requesting that staff, students, and visitors refrain from using scented products such as perfume, cologne, and other fragrances, as well as scented cleaning products and deodorizers. Schools can also work with parents and students to find alternatives to scented products, such as unscented personal care items and school supplies. In some cases, it may be necessary to remove the offending fragrance source or relocate the individual with fragrance sensitivity to a different area.
It is important to note that not all cases of fragrance sensitivity will require accommodations. The degree of limitation varies among individuals, and some may only need a few accommodations or none at all. However, schools should be prepared to make reasonable adjustments to ensure the health and safety of their students and staff. This may include working with parents and healthcare providers to understand the specific needs and limitations of the individual with fragrance sensitivity.
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Creating a fragrance-free environment
While the Americans with Disabilities Act (ADA) does not contain a list of medical conditions that constitute disabilities, some people with fragrance sensitivity will have a disability under the ADA. A person has a disability if they have a physical or mental impairment that limits major life activities. In some cases, fragrance sensitivity can be considered a disability that may require reasonable accommodation.
Secondly, employers can encourage or mandate the use of unscented personal care products, such as deodorant, soap, lotion, hair products, and laundry detergent. This can be done by providing information and signage at the workplace, requesting that all participants refrain from wearing perfume, cologne, and other fragrances.
Thirdly, employers can work with cleaning staff to use fragrance-free, natural, or environmentally safe cleaning products. This includes avoiding the use of air fresheners and instead using exhaust fans and air purifiers. Additionally, employers can create a list of employees who are sensitive to fragrances and chemicals and take proactive steps to reduce their exposure, such as by providing advance notice of any activities that may involve the use of chemicals, such as painting or shampooing carpets.
Lastly, for employees with fragrance sensitivity, accommodations can be made to remove the offending fragrance or remove the employee from the area where the fragrances are located. This may include allowing the employee to work from home or in a private office, providing an enclosed cubicle with an air purification system, or allowing the employee to take breaks to get fresh air if exposed to fragrances.
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Frequently asked questions
Fragrance sensitivity can be considered a disability under the ADA if it interferes with a major life activity such as breathing. However, not all fragrance sensitivities will require accommodations, and some may only need a few.
Accommodations can include removing the offending fragrance from the work environment, removing the employee from the area where fragrances are located, implementing air purification systems, and encouraging the use of unscented products.
Yes, in McBride v. City of Detroit, it was ruled that Susan McBride's chemical sensitivity was a disability under the ADA as it interfered with her ability to breathe.
If you have fragrance sensitivity, you can request that your employer or school accommodate you by creating a fragrance-free environment. This may include asking coworkers or teachers to refrain from using scented products and increasing ventilation or air purification.
