Woman with chemical sensitivity awarded $100K for being denied proper accommodations at work; her coworker’s perfume made it difficult for her to breathe.
Modern perfume contains known toxic chemicals that can cause serious cognitive and respiratory problems in people with chemical sensitivity.
On Point reports a Detroit city planner with an allergy to perfume is savoring the sweet smell of legal success after the city agreed to pay her $100,000 and be more sensitive to the chemically sensitive.
The agreement -– obtained by On Point through a public records act request — settled Susan McBride’s lawsuit under the Americans With Disabilities Act which alleged the City of Detroit failed to reasonably accommodate her allergy after she complained that a co-worker’s perfume made it difficult for her to breathe.
Some critics attacked McBride for being overly sensitive and abusing the court system. But many workplaces are now perfume-free and a judge in November 2008 denied the city’s motion to dismiss, ruling McBride could proceed with a disability claim “based on the major life activity of breathing.”
As part of the settlement, which the parties signed last month, the city will post a notice on bulletin boards in its offices announcing that “Our goal is to be sensitive to employees with perfume and chemical sensitivities”
Let’s hope it sets precedent for future cases. If you have Multiple Chemical Sensitivity and are having trouble with your employer giving you proper accommodations, you might like to share the agreement with them. This is an access issue, the same as any other disability protected under the ADA.
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