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Are we obligated under the Americans with Disabilities Act to accommodate sensitivity to fragrances?

Fragrance sensitivity can be considered a disability; therefore, it can require reasonable accommodation. The Job Accommodation Network (JAN) offers the following suggestions for accommodating employees with fragrance sensitivity:

  • Implement a fragrance-free workplace policy. Such a policy could be part of an existing dress code and enforced in the same manner as the dress code. There is quite a bit of controversy over whether such a policy is constitutional. Many employers are reluctant to require employees to refrain from wearing or using fragranced products. However, more employers are seeing the fragrance sensitivity issue as a real problem and are taking steps to create fragrance-free work environments.
  • If it is not possible to have a written policy, then give regular notice to employees that no fragrances should be worn in the workplace. Such a request can be made through weekly memos, e-mail notes, bulletin board postings, newsletters and new employee orientations.
  • Do not allow the use of restroom air fresheners, scented cleaning agents, perfumes, potpourri, scented candles, scented lotions or hair care products in the work environment. If these items must be used, create a fragrance-free restroom as a safe haven for those who are sensitive to such products. Be sure the room is clearly identified.
  • Maintain the ventilation system in good working order. The individual should not sit underneath the ventilation duct. Deodorizing fragrances should not be passed through the ventilation system. If fragranced products are used, remove the irritant from the individual to the extent possible. This can be done by providing a private office space with windows that open, moving the individual away from others who may be wearing fragrances or vice versa, building up the cubicle or enclosing the workspace, or allowing the individual to work from an alternate location, such as a home office.
  • Contact the manufacturers of air purification systems to find out if the individual would benefit from the use of an air purifier in his or her work environment.
  • Allow the individual to work a modified schedule so the individual can work when fewer people occupy the building.
  • Allow the individual to wear a respirator mask or personal air supply if appropriate.
  • Allow the individual to place a “fragrance-free-zone” sign on his or her office door or cubicle space to notify co-workers not to enter if wearing fragrances and to use an alternate means of communication.
  • If communication between co-workers is necessary, look to alternate modes of communication, such as telephone, e-mail, fax, a mediator or memos.
  • Provide a fragrance-free meeting room for all scheduled meetings. If not possible, allow the individual who is sensitive to attend from an alternate location by conference call or videophone.
  • Permit the individual to work from home on an occasional or consistent basis.
  • Allow the individual rest breaks to step outside or take medication.
  • Allow the individual to use leave time for visits to a physician.
  • Most importantly, educate management and co-workers about maintaining an environment in which all employees can work. Harassment should not be tolerated on any level. Foster an environment that breeds acceptance of differences through sensitivity training and disability awareness efforts.

For more information on fragrance sensitivity and the ADA, see JAN’s web site, www.jan.wvu.edu/media/fragrance.html, or call JAN at (800) 232-9675 or (800) 526-7234.

 

Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.

 

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