Legal Question in Disability Law in Virginia
Fragrance sensitivity
I am sensitive to fragrances & have reactions to them, e.g. headache, sore throat, sinus problems. What are my rights? For 2 months I've avoided one of my work areas as much as possible (or going in at 4am-not a long term solution) due to a coworker who leaves a cloud (she says she's not wearing anything) & sometimes can't even use bathroom w/o a reaction. Director says if I can't perform my duties maybe this isn't the place for me & refuses to consider a fragrance free workplace. Also a year ago I was given office w/door to help me get away from fragrances but we're moving soon - I'll be in cube farm because Director says there are no offices w/doors available for me although there are several empty ones. He will buy an air filter for me (it will be a very large open area & air filters aren't made for that). Director did ask other employees to be sensitive to my health problem but continues to wear fragrance himself. HR says we can't have a fragrance free workplace due to employees who may need fragrance for their self-esteem. MD says that is not true. I know it's a difficult topic as people like fragrances & it can get personal. I don't choose to have a reaction to fragrance but people choose to wear it and they're hurting me
1 Answer from Attorneys
Re: Fragrance sensitivity
So your questions is, perhaps, what, that you want to know what your rights may be under federal and state law to be protected against these fragrances and related ordors which you allege are wafting noxiously about your workplace?
Well, the answer is none at all (at least that I'm aware of) unless you happen to be working under a contract of employment which would unconditionally afford such protection(s)to you. And, no, as far as I know, no aspects of ADA law would be implicated in this situation and consequently, this particular panoply of federal law would also not afford you any recourse against your employer
who apparently refuses to make any further accommodations to your situation.
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