TOO MUCH PERFUME LEADS TO $100,000 SETTLEMENT
Many years ago, when I first read my firm's policy about perfume/scents, I laughed. I quickly realized that it is an important policy to have. For the city of Detroit, it is not a laughing matter. Recently, CBS reported a $100,000 settlement was obtained in favor of a woman employee who worked in 3 separate buildings for Detroit. The employee was "chemically sensitive" and had adverse reactions to a co-worker's perfume and a room deodorizer used in the buildings. She suffered from migraines, nausea and coughing as a result of the of exposure. According to CBS, city workers "are now being warned not to wear scented products, including colognes, aftershave, perfumes and deodorants, or even use candles and air fresheners". Employees who are chemically sensitive and have physical conditions that are triggered by exposure to perfumes or other scents, may be disabled under the Americans With Disabilities Act, and may need to be reasonably accommodated. This means that the employer should engage in the interactive process to determine if the disability can be reasonably accommodated.
Practice pointer. If an employee complains of a sensitivity to perfumes/scents, the complaint must be taken seriously. The employee may in fact have a disability that would be protected by the ADA. If so, the interactive process should take place to see if a reasonable accommodation can be made. Remember that the mere fact that someone complaints that a co-employee "stinks" or "smells bad" is not enough to qualify as a disability under the ADA: the person must have physical ailments, such as migraines or difficulty breathing, that are triggered or caused by the perfume/scent to raise the possibility that the ADA may apply.
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