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Are we obligated under the Americans with Disabilities Act to accommodate sensitivity to fragrances?




The Americans with Disabilities Act (ADA) does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet. Therefore, some people with fragrance sensitivity will have a disability under the ADA, and some will not.

A person has a disability if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having an impairment.

In some cases, fragrance sensitivity can be considered a disability that may require reasonable accommodation. According to the Job Accommodation Network (JAN), there are three options when for accommodating an employee with fragrance sensitivity:

  1. Remove the offending fragrances.
  2. Remove the employee from the area where the fragrances are located.
  3. Reduce the employee's exposure to the fragrances.

For more guidance from JAN, see About Fragrance Sensitivity.

Be sure to educate management and co-workers about maintaining an environment in which all employees can work. Harassment should not be tolerated on any level. Employers must foster an environment that breeds acceptance of differences through sensitivity training and disability awareness efforts.

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