Legal Question in Disability Law in Georgia

Re: Hypersensitivity and the ADA

You're putting the cart before the horse. The

ADA is for handicapped folks. Under ADA,

you must show that because of your handicap, you

cannot perform THE ESSENTIAL FUNCTIONS OF YOUR JOB.

Then you must show that you NOTIFIED your

employer that you need a REASONABLE ACCOMMODATION

in order to be able to perform those essential functions.

(Some states

say that if your medical problem can be controlled

by medicine, then your problem is not the

type covered by ADA.)

Because you have not stated what your problem is,

I'm going to assume you get terrible headaches

from the mixture of odors but probably can still

perform the essential functions of your job . . . although not happily or comfortably.

Do you feel nauseous from the combined smell?

If you can demonstrate that whatever you are suffering from qualifies you as a handicapped person for the purposes of

this statute.

then your employer must provide a reasonable accommodation.

You might have an OSHA claim, given the mixture of odors.

You also have not said what type of industry you

are working in:" a factory assembly line, a

department store, a school cafeteria, an

accounting department with rows of desks. That would be important to determine the type of accommodation which is reasonable and can be suppled by your employer.

It would be best to go to a local attorney and

fill in all the missing facts you hesitated to

put in your post here.