Smelly in the workplace? Just how expensive is that perfume you are wearing? New forms of discrimination under the expanded ADA

Lexology.com
Strasburger & Price LLP
Monica Velazquez USA April 29 2010

It must be allergy season. As federal law expands to cover more qualified individuals with disabilities in the workplace, one unexpected development is the treatment of employees who experience severe allergies or chemical sensitivities and its effect on other individuals in the workplace. When an employee has severe allergies or extreme sensitivity to perfumes or other fragrances, resolving the issue is made more difficult by the fact that, in order to help him/her, you must typically resort to extreme and difficult measures – such as requesting the cooperation of co-workers in refraining from wearing scents or instituting policies that affect all employees. Under expanded federal law, you may be forced to take such actions or risk a disability discrimination claim.

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