I just wanted to THANK YOU for providing me with Michael Walkup’s name and contact information (recently) regarding my friend. She had had an initial consultation with a different attorney prior to you giving me Mr. Walkup’s info. Some comments were made by this other attorney that concerned me and made me wonder if if really comprehends MCS at all. I am so thrilled that my friend is now in the hands of something who “gets it”.

Thank you again!

Jeanne

P.S. Susie, I think it’s awesome that your employer is so supportive. That’s wonderful. If only that kind of supportive attitude could be more common amongst employers. I didn’t realize you work for a university.

I’ve had very good response by my employer– a state university– regarding safe accommodations that I need due to my Multiple Chemical Sensitivity. The on-campus ADA officer has always been 100% supportive of my need for safe accommodations, and she uses as a guideline the ADA. When I first started work at the university 10 yrs ago, my boss allowed me a home office, but required I come in for some mtgs, which got me sick, but I could handle. Then, as the yrs went by, I couldn’t come in for mtgs, so I was included through a speaker phone. Then I had to stop going in altogether, and they have been 100% supportive. I attend all mtgs through speaker phone. The campus ADA officer has always been very supportive and clear about my rights, and my boss has always willingly complied, even though she’d really prefer to have me in an office on campus. Never have they considered letting me go. The ADA officer often forwards to me information on MCS and EI as it comes into her office, including info from JAN (the Job Accommodation Network). So never has it gotten to the point of me having to push anything legally to assert my rights. My point is, I think it does depend where you work on how supportive your employer is about executing the ADA in regards to MCS.

There are many things an employer can do to accommodate persons with MCS. Some of these accommodations can be found on the Job Accommodation Network website.

I believe that one of the most powerful tools we have is the indoor environmental air quality study funded by the United States Access Board. This is the federal agency that designs all of the ADA accessibility guidelines known as ADAAG. The Access Board as a study called IEQ by the National Institute of Building Science. According to the NIBS air fresheners, perfume and fragrance are a major contributor to indoor air pollution. They recommend that these chemicals not be used in buildings. They also recommend building and creating safe rooms for people with MCS. To read this 80 page study and report just google United States Access Board and then in the search box type in multiple chemical sensitivity. The reason this report is usefull is because employers should be interested in the overall health of employees.

There have also been some successful lawsuits against employers for failing to accommodate employees who have chemical sensitivity. Google Erin Webber lawsuit. A jury award her 10 million dollars against her employer. The award was later reduced by an appeals court.

My point is don’t give up. There is a new administration in Washington and with more emphasis on going “green” people are begining to listen to us.
If you live in the State of Florida, the Florida Constitution Article I, Section II prohibits discrimination against person with phyisical disabilites. That means a government entity in Florida would have to show a compelling state interest in denying accommodations to an employee. A much higher standard than the ADA.