JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy.

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Accommodating Employees with Fragrance and Chemical

Sensitivities

Tracie DeFreitas, M.S.

Lead Consultant, ADA Specialist

Defining Fragrance/Chemical Sensitivity

Working Through the Interactive Process

Common Workplace Issues & Accommodation Solutions

Fragrance Sensitivity, the ADA, & Policies

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Overview

Inability to tolerate an environmental chemical or class of chemicals

Intolerance to even very low level exposure to chemicals

Symptoms occur in more than one organ system

Problem is ongoing

Same symptoms are reproducible with repeated exposure to the triggers

Avoidance is key

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Fragrance/Chemical Sensitivity Defined

Triggers

Fragrances (variety)Air fresheners/deodorizersTobacco SmokeCleaning agentsNew carpet/furnishingsFloor wax/stripperPaintPesticidesPoor indoor air quality (IAQ)

Symptoms & Limitations

Difficulty breathingTightening of the throatHeadaches/migrainesNauseaDifficulty concentrating/memory lossFatigueDizzinessSkin irritation/hivesArthritis-like sensations and muscle pain

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Triggers, Symptoms, and Limitations

Prevalence of fragrance sensitivity in the American population (Caress SM, Steinemann AC, J Environmental Health, 2009)

30.5% of the general population reported scented products on others to be irritating

Considerable percentage of the U.S. population reports adverse health effects or irritation from fragranced products, with higher percentages among those with asthma and chemical sensitivity

JAN cases Causative Factor of Fragrance Sensitivity

Approximately 850 Contacts, 2/09-2/14

Accommodations, Policy Language, ADA

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Fragrance in the Workplace

Work Collaboratively to Identify a Solution

Fragrance/Chemical Sensitivity At Work

What limitations is the employee experiencing?

How are these limitations affecting job performance?

What accommodations are available?

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Interactive Process

An individual has a disability under the ADA Amendments Act if he or she: has a physical or

mental impairment which substantially limits one or more major life activities;

has a record of such an impairment; or

is regarded as having such an impairment.

Substantially limited is construed broadly

Compared to most people in the general population

Ultimately, employer decides

Not sure? Err on the side of caution and process the request

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Disability and the ADAAA

An employee was having difficulty working in open spaces with co-workers whose scented products made her ill. She asked not to have to attend face-to-face meetings in the office and to attend a week-long training remotely.

Is this a request for accommodation?

What limitations is the employee experiencing and is medical information needed?

How are these limitations affecting job performance?

Has the employee suggested accommodations? What about the medical provider or other resources, like JAN?

What accommodation solutions are reasonable and effective?

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Example

On-site Meetings

Advance notice of meetings

Fragrance-free policy for meetings

Attend meetings remotely

Provide handouts in advance and minutes after

Mask, air cleaner, alternate location

Training

Attend training remotely

Advance access to training materials

Alternative training method (e.g., with a supervisor or one-on-one trainer)

Fragrance-free policy for trainings

Mask

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Solutions

Poor Indoor Air Quality (IAQ)

Construction and Remodeling

Cleaning Products and Deodorizers

Exposure to Fragrances

JAN’s Employees with Fragrance Sensitivity

JAN’s Employees with Multiple Chemical Sensitivity or Environmental Illness

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Common Workplace Issues

Conduct air quality testing (industrial hygiene professional)

Control or eliminate pollutants

Allow alternative work arrangements

Add or remove plants

Maintain a clean, dry work environment

Do not allow burning of candles, etc.

Replace/clean filters

Provide a room air cleaner

Provide a mask or personal air cleaner

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Poor Indoor Air Quality (IAQ)

Desktop Air Cleaner

“I Can Breathe”Mask

Personal Air Cleaner

R95 Carbon Mask

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Products/Protection

JAN does not recommend or endorse products.

Offer pre-notification

Allow alternative work arrangements

Schedule remodeling activities when building is not occupied

Use non-toxic or green building materials, furnishings, and supplies (low/no VOC)

Provide a mask

Allow time for off-gassing of new products

Provide air cleaning system

Use non-toxic carpeting or alternative floor covering (tile, cork, wool, SafeChoice Carpet Seal)

Relocation or reassignment

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Construction and Remodeling

Ask the employee for suggestions. What do you use at home?

Discontinue using spray deodorizers, scented candles, scent dispensers, etc., and opt for non-scented odor neutralizers

Use non-toxic or natural cleaning products (baking soda, Borax, vinegar, etc.)

Allow time for off-gassing of products

Provide air cleaning systems suitable for fumes and increase air flow/air exchanges per room

Provide a mask

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Cleaning Chemicals and Deodorizers

JAN does not recommend or endorse products.

What’s the most common sensitivity JAN Consultants hear about?

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Perfumes, colognes, scented lotions, detergents, personal care products, air fresheners, candles, etc.

Remove the offending fragrance

Move the employee from the source of the fragrance

Provide an enclosed workspace

Provide an air cleaner, mask, fan

Allow to attend meetings remotely

Allow alternative work arrangements

Do not require attendance at social events

Reduce exposure to fragrances by implementing a policy

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Fragrance Sensitivity

A healthcare worker requested that the employer guarantee a 100% fragrance free environment as an accommodation.

Is an employer required to implement a fragrance policy as a reasonable accommodation?

Is a fragrance policy a reasonable accommodation?

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Example

Roberts v. Slater (EEOC 2000) Employee with chemical sensitivity asked employer, the

Department of Transportation, for a fragrance-free environment

An entirely fragrant free environment was not a reasonable request for accommodation, and would have imposed an undue hardship on the agency’s operation

While implementing a fragrance policy may not be a reasonable accommodation under the ADA, employers are not precluded from doing so, or sending out memos to make people aware of the concept of being courteous to fellow co-workers. (EEOC)

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Fragrance Sensitivity & the ADA

McBride v. City of Detroit (E.D. Mich. 2008)

Court held that while a "scent-free" policy for the workplace is indeed an unreasonable accommodation because it would require an undue hardship, the evidence indicated that employee was not actually seeking a "scent-free" policy per se—the employee wanted to work with management to come up with something that would provide her relief

Employer’s inaction and statements of its human resources personnel suggested that there was no interactive process

City of Detroit settled in 2010, paid McBride, a senior city planner, $100,000, and changed its ADA handbook and training, and posted notices about their fragrance policy

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Fragrance Sensitivity & the ADA

Core v. Champaign County. Board of County Commissioners, (S.D. Ohio 2012)

Employee with severe asthma and chemical sensitivity to certain perfumes and other scents

Co-workers mocked her, including in Facebook posts making fun of her condition. Alleged that employees began to wear a particular perfume intentionally around her and that the employer took no action to stop this conduct

Request for an official policy banning all fragrances might be reasonable, particularly in light of the objectionable conduct engaged in by co-workers and the allegation that the employer took no steps to stop the conduct

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Fragrance Sensitivity & the ADA

The employer purchased an air purifier, asked certain employees who wore heavy scents to refrain from doing so, and placed posters around the office to educate all employees about fragrance sensitivity. The employee was also moved to a larger room where she was not so confined.

In JAN’s follow-up survey, the employer reported that by making accommodations for this employee they also raised company awareness on fragrance sensitivity throughout its 25 offices.

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Example

May not be ‘reasonable’ within the meaning of the ADA, but employer is not precluded from doing more

100% fragrance-free may not be feasible, but can limit exposure

Increase awareness and do not tolerate harassment

Can benefit all employees/visitors/patients

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Fragrance Policy Issues

Conduct an employee needs assessment

Conduct a workplace and personal chemical assessment

Understand applicable local, state, federal statutes

Include employee representation in all phases of the development, implementation, and evaluation

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Developing a Fragrance Policy

Ensure all departments understand their role in the success of policy implementation

Develop a disciplinary process prior to implementation

Develop strategies for communicating the policy to “outsiders”

Regularly evaluate the policy for effectiveness and make changes as needed

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Developing a Fragrance Policy

American Lung AssociationPolicies1. [EMPLOYER] expects that all offices and spaces used by the staff and their visitors remain free of scented products.

2. Personal care products such as cologne, perfume, aftershave lotions, scented lotions, fragranced hair products and/or similar products are not to be worn in the facilities owned and operated by [EMPLOYER] including company owned vehicles.

3. Use of air fresheners and candles are prohibited from the facilities owned and operated by [EMPLOYER] including company owned vehicles.

4. Use of cleaning products other than those purchased by the [EMPLOYER or BUILDING MANAGEMENT] are prohibited for cleaning personal workspaces.

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Fragrance Policy Example

American Lung AssociationProcedure 1.Employees will be informed of the [EMPLOYER] Fragrance-free Policy through signs posted throughout properties owned and operated by [EMPLOYER] including company-owned vehicles.

2.Visitors will be informed of the [EMPLOYER] Fragrance-free Policy by their hosts, the meeting invite, email correspondences and signs posted throughout the properties owned and operated by [EMPLOYER]. Sample Email Signature for guests: “This is a fragrance-free workplace. Thank you for not wearing any of the following during your visit: cologne, after shave lotion, perfume, perfumed hand lotion, fragranced hair products, and/or similar products. Our chemically-sensitive co-workers and clients thank you.”

3. Any violations of this policy will be handled through the standard disciplinary procedure.

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Fragrance Policy Example

Society for Human Resource Management

“Recognizing that employees and visitors to our offices may have sensitivity and/or allergic reactions to various fragrant products, [Company Name] is a fragrance-free workplace. Personal fragrant products (fragrances, colognes, lotions, powders and other similar products) that are perceptible to others should not be worn by employees. Other fragrant products (scented candles, potpourri and other similar items) are also not permitted in the workplace. Any employee with a concern about scents or odors should contact his or her manager or the Human Resource Department.”

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Fragrance Policy Example

U.S. Centers for Disease Control“Scented or fragranced products are prohibited at all times in all interior space owned, rented, or leased by CDC this includes the use of:

Incense, candles, or reed diffusers. Fragrance-emitting devices of any kind Wall-mounted devices, similar to fragrance-emitting

devices, that operate automatically or by pushing a button to dispense deodorizers or disinfectants.

Potpourri Plug-in or spray air fresheners Urinal or toilet blocks Other fragranced deodorizer/re-odorizer products

Personal care products (e.g. colognes, perfumes, essential oils, scented skin and hair products) should not be applied at or near actual workstations, restrooms, or anywhere in CDC owned or leased buildings.”

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Fragrance Policy Example

Brant Community Healthcare System

“In our efforts to provide a healthier place of work and care the BCHS promotes a fragrance free environment to minimize the potential adverse allergic and/or medical reactions that can occur among patients, visitors, staff, and volunteers such as asthma, allergies, respiratory conditions and migraine headaches.

Wearing or using products with a noticeable scent such as perfume, colognes, aftershave, and body spray, perfume, cologne, aftershave, some air fresheners and cleaning products is not permitted within this facility.”

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Fragrance Policy Example

U.S. Access Board

“…the Board requests that all participants refrain from wearing perfume, cologne and other fragrances, and use unscented personal care products in order to promote a fragrance-free environment. This request is included in notices and on displayed signage for the Board’s meetings, hearings, and other public events. In addition, the Board will work with the operators of meeting sites to prevent the use of deodorizers and cleaning products immediately before the event in and around meeting locations.”

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Fragrance Policy Example

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Fragrance Poster Examples

A state employer had received requests from employees with fragrance sensitivity who worked in various positions. The employer was looking for general accommodation ideas. After contacting JAN, the employer reported that it was in the process of determining the best way to have a fragrance-free workplace, given that it is a public agency and employees work in cubicles rather than private offices. They were also looking into restricting employees from wearing strong fragrances and providing masks for employees who would like to wear them.

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Accommodation Example

A local government employee requested accommodations due to fragrance sensitivity. The employer purchased an air purifier, custodians were instructed to use non-scented janitorial products, and areas of a public facility were designated as non-scented/fragrance-free zones. The employer educated all employees on refraining from wearing fragrances on the job. The employee was also permitted to work from home one day per week. Reported cost: $1,000

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Accommodation Example

A police officer experienced migraines that were triggered by fragrances. The employer allowed the employee to work a modified schedule and assigned her to low volume areas where she would be less likely to come into contact with individuals wearing fragrances.

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Accommodation Example

Interactive Process

Medical Inquiry in Response to an Accommodation Request

How to Determine Whether a Person Has a Disability Under the ADAAA

Accommodation and Compliance Series: The ADA Amendments Act of 2008

Employees with Fragrance Sensitivity

Employees with Multiple Chemical Sensitivity or Environmental Illness

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JAN Resources

Thank you for participating!

Contact (800)526-7234 (V) & (877)781-9403 (TTY) AskJAN.org & jan@askjan.org (304)216-8189 via Text janconsultants via Skype

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