Legal Question in Disability Law in New York
reasonable accomodation
I have allergic asthma which is highly sensitive to perfumes. My employer has demanded that I get a note from my doctor to be able to continue to work. I have asked that the office be a perfume free office for my health and the health of our patients with respiratory illnesses. Specifically, I have asked to notify patients in our letter that we send prior to office visits, as well as a sign on the door, and to use an air purifier to clear out any perfumes present. My doctor has sent my employer a report saying that my requests are reasonable accomodations, and that with these I should be able to work without risking my health. My employer has denied my and my doctor's requests, stating it would be an inconvenience to the patients to refrain from wearing perfume. I feel that my employer is looking for any small reason to fire me (for example, I was written up for leaving my coffee cup in my sink.) My performance record has always been above average with very high patient satisfaction. I have more than doubled the profit at my office since starting 3 years ago. With regard to the asthma, I have done all they ask and still my job is threatened. Is there anything I can do?
1 Answer from Attorneys
Re: reasonable accomodation
An asthmatic allergy should qualify as an ADA "disability" in many instances. But an impairment that only restricts an individual from working in a particular location does not satisfy the disability requirement under the ADA. So that's an initial issue--whether your disability substantially limits you in one or more major life activities--and this may be debatable either way. Further, you have a duty to propose an objectively reasonable accommodation. Your requests for accommodations seem fairly specific, so that's a point in your favor. From what you say, your employer has not been attempting to make any sort of accommodation on your behalf. That being said, it is not certain that asking your employer to notify his or her own patients/clients (as opposed to fellow workplace employees) would be considered "reasonable", although perhaps conveying some sort of request to patients during the appointment-making process would be deemed reasonable. But certainly, installing an air purifier seems at least a reasonable starting accommodation. So those are some of the starting issues. Summing up, I think, as a legal matter, your employer should attempt at least "some" sort of accommodation on your behalf; and should your employer terminate your employment because of your condition and requests, you may well be entitled to bring a legal action under the ADA--especially if your employer has not attempted any accommodation, and if the facts you document can show a causal link between your disability and the termination.