1. Accommodating Employees with Fragrance and Chemical Sensitivities
Tracie DeFreitas, M.S.
Lead Consultant, ADA Specialist

2. Overview
Defining Fragrance/Chemical Sensitivity
Working Through the Interactive Process
Common Workplace Issues & Accommodation Solutions
Fragrance Sensitivity, the ADA, & Policies

3. Fragrance/Chemical Sensitivity Defined
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

4. Triggers, Symptoms, and Limitations
Fragrances (variety)
Air fresheners/deodorizers
Tobacco Smoke
Cleaning agents
New carpet/furnishings
Floor wax/stripper
Paint
Pesticides
Poor indoor air quality (IAQ)
Symptoms & Limitations
Difficulty breathing
Tightening of the throat
Headaches/migraines
Nausea
Difficulty concentrating/memory loss
Fatigue
Dizziness
Skin irritation/hives
Arthritis-like sensations and muscle pain

5. Fragrance in the Workplace
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

6. Interactive Process Fragrance/Chemical Sensitivity At Work
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?

7. Disability and the ADAAA
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

8. Example
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?

9. Solutions On-site Meetings Training 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

10. Common Workplace Issues
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

11. Poor Indoor Air Quality (IAQ)
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

12. JAN does not recommend or endorse products.
Products/Protection
Desktop Air Cleaner “I Can Breathe” Mask
Personal Air Cleaner R95 Carbon Mask
JAN does not recommend or endorse products.

13. Construction and Remodeling
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

14. Cleaning Chemicals and Deodorizers
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
JAN does not recommend or endorse products.

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

16. Fragrance Sensitivity
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

17. Example
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?

18. Fragrance Sensitivity & the ADA
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)

19. 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

20. 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

21. Example
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.

22. Fragrance Policy Issues
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

23. Developing a Fragrance Policy
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

24. 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

25. Fragrance Policy Example
American Lung Association
Policies
1. [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.

26. Fragrance Policy Example
American Lung Association
Procedure
Employees will be informed of the [EMPLOYER] Fragrance-free Policy through signs posted throughout properties owned and operated by [EMPLOYER] including company-owned vehicles.
Visitors will be informed of the [EMPLOYER] Fragrance-free Policy by their hosts, the meeting invite, correspondences and signs posted throughout the properties owned and operated by [EMPLOYER]. Sample 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.

27. 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.”

28. 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.”

29. 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.”

30. 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.”

31. Fragrance Poster Examples

32. Accommodation Example
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.

33. 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

34. 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.

35. JAN Resources 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

36. Thank you for participating!
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