Legal Question in Employment Law in California

I have severe allergies which cause documented migraine, asthma, eye irritation - and I work with people who douse themselves in perfume. Three emails have been sent asking employees (there's more than one) to be respectful of those who have allergies to perfume to no avail. It's become a joke as it's the same email. One such offender has been told to not wear scent as the scent makes people ill. She ignored that. My doctor has given me note requesting the employer "provide a perfume-free work environment." If I give the note to my employer - in 15 months I've taken 2 days sick with migraine otherwise I come in and soldier on, what are the repercussions, if any? I'm in Los Angeles, CA. Thank you.


Asked on 1/05/12, 11:28 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Your CA employer must 'reasonably' accommodate a legitimate 'life altering' disability which affects your daily ability to perform your job without accommodation, which is documented in detail by your physicians as such, IF it falls within the guidelines of the law. Even assuming your condition falls into that category, which is going to be disputed, a unique allergic reaction to common everyday substances will likely be hard to 'reasonably accommodate' in the workplace. Other employees have personal freedoms and rights too. If serious about hiring counsel to help you try to reach an accommodation with the employer, feel free to contact me. Only after evaluating the employer's responses and position can you expect to consider whether supportable grounds for a lawsuit exist.

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Answered on 1/05/12, 11:49 am


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