$100K awarded to woman with chemical sensitivity denied proper accommodations at work

Posted on Mar 10, 2010 by Susie Collins in Blog, Disability Rights, MCS, Susie Collins, Worker's Rights

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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19 Responses to “$100K awarded to woman with chemical sensitivity denied proper accommodations at work”

Connie Rae

11. Mar, 2010

this is such good news! anyone with MCS knows the sacrifice Susan McBride had to make to complete this process.
Some people think MCSers are just ‘trying to get out of work’….and don’t realize how difficult it is to breathe, let alone request accomodation, whether at work, in government buildings, or in our places of worship.
Thanks to MS McBride, for her efforts and for Susie for posting!

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Jeanne

11. Mar, 2010

Susie,

This is such good news!!

Coming off of a very, very rough couple of weeks with reactions to fragrances at multiple places, including my own primary care physician’s office and my physical therapist’s office, I needed to hear good news like this.

My PCP thanked me for telling her that I had to wait out in the hallway to see her due to fragrances worn by her staff members (and apologized for what had happened) and informed me that she was going to “remind her staff of their fragrance-free policy”. I didn’t even know her staff had a fragrance-free policy!

My physical therapist’s fragrance gave me a two-day headache. While I am grateful that she solved my severe neck pain, I didn’t appreciate it being replaced with a headache!

I had sought care at this particular PT place because one of my doctors had gone there for physical therapy and had seen a fragrance-free sign on the door. I had discussed this issue with the staff when I made the appointment. It’s great that medical offices are starting to “get it”! Now, if only they would enforce their own policies with their staff members, others might take it seriously!

This Detroit case really could set a precedent and make people more aware of just how sick the toxins in fragrances can make people. This is great news!

Jeanne

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Lisa

11. Mar, 2010

Such great news! Thank you for posting this. Another step in the right direction and one that will force employers to start taking MCS seriously.

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Susie Collins

11. Mar, 2010

I think people having trouble with employers and health care providers should print out that judgment and freely pass it around. The reasoning of the judgment is key: the disability claim is “based on the major life activity of breathing” being violated by the exposure to the perfume— and we all know it has nothing to do with the smell, it has to do with the known toxic chemicals in the perfume.

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Jasmine

14. Mar, 2010

I wish I had had her perseverance in 2002. I let co-workers and doctors make me feel like it was my problem. I was ill from chronic chemical exposures and under so much stress fighting for disability that I didn’t have the strength or confidence to sue my employer. I’m so grateful Judge Zatkoff didn’t throw out the case!

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Jeanne

14. Mar, 2010

Jasmine,

Your comment above is similar enough to what you posted on Facebook that I felt I should post this message here for those who missed what I told you on Facebook — because I want to make sure your wonderful advocacy work does not go unnoticed or unappreciated!!

~~~~

It’s 2010 and to this day there are many people (doctors included for sure) who try to make me feel I am imagining or over-reacting to “smells”… despite the fact that I was diagnosed with MCS in 1992. Hindsight is 20/20. If there is anything you do not lack, honey, it’s strength!

At the time, I’m guessing you didn’t have the resources/background knowledge you now do to make you feel you had the ability to bring such a lawsuit. I have no doubt that if the circumstances had allowed for you to do so, you would have. If anyone is a fighter, you are!

While it’s wonderful that Susan McBride took a stand and fought for the rights of the chemically sensitive (!), times have changed and I’m sure it was more feasible for her to take a stand now than it would have been for you back when you went through your experience.

Please don’t beat yourself up about it. You are a warrior for the rights of the chemically sensitive now and you fight for canaries’ rights every day!! So, be proud of what you are doing now. You are helping people *every single day* by spreading facts and by being such a great supporter of your fellow patients!!

Give yourself a pat on the back. You deserve it! ♥

Jeanne

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Tammie Chute

15. Mar, 2010

Thank all of you for your strength, intuition, and courage! In 2006 by both my primary care physician and and allergist I was told MCS did not exist. I also lost my job and my mind. Thank you for staying strong and fighting the fight for those of us who have nothing left to fight with. I now can go out of the house, to church (with a few problems) and I go to a gym. I will be addressing the church’s council on the 24th of March ’10 regarding MCS. My goal is to make the service accessible in length for MCS and other health sufferers to stay for the entire service. Again, thank you all. Tammie C.

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celia

15. Mar, 2010

I’m afraid I haven’t been very strong; I have run away a lot–but a few people who don’t have very kind hearts dislike me heartily–

a man in my church has treated me very rudely–

(yes, in my CHURCH!)–

and he told me that his mother had “what she thought was MCS, but really she just had mental problems, but she is dead now”–

and you know, my husband finally told me (I guess I am a bit slow) that I am a threat to him–

because when he sees me he has to invalidate/marginalize me to feel better about how he must have treated his OWN MOTHER–

in order to tell people she was mentally ill–

I am beginning to think that this man’s behavior shows signs of mental instability–

fortunately, I have others with whom I deal with are handling it and handling him and not letting him hurt me (anymore)–

who have good hearts, but it is scary when you finally realize that people are willing to hurt you to prove their ‘point’, whatever that point is.

This man (the mean one) is a chemist–

ah, HA!

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Tammie

16. Mar, 2010

Oh Celia, I ran for years. I am just now standing at the front door of my house and seeing clearly. I am so blessed to have a husband (who in his own right has multiple disabilities), who is strong due to his own past and has stood by my side. We have moved to another state to ‘try and start over’…get fresh air!

If WE only new then, what we knew now….
WE being the key word in a strong statement…we would all have done more. But it is only collectively, some ahead, some behind, some fast, some still in the midst of the struggle that solutions will continue to be found.

Glance back and then LOOK forward…I think you might see a some clear days ahead. You must be very strong to have been able to run (I know that now), and you must be strong now to still be fighting! Keep strong!

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celia

16. Mar, 2010

Thanks, Tammie–
I just realized that I should have edited; I made it sound like it was my husband who . . .
ACK . . .

marginalizes me–it was my husband who realized that ‘that other man in our church’ is threatened by me–

and, frankly, that man (the other man) doesn’t matter–

since my husband is really a great support I feel that I am where I need to be–and there are others, as well.

Thank you, though, because I have a feeling I am going to have to go ‘to battle’ again in the future–

*sigh*

maybe we need the ‘we will overcome’ song now–

*not laughing*

Thank you–

I appreciate the feedback and the support–

Reply to this comment
celia

16. Mar, 2010

Thanks, Tammie–

(that’s my daughter in law’s name, by the way, so it’s a special name to me; hers is spelled with a “y”, though–it’s short for another name–)

anyway, I realized later that I should have edited my earlier comment–

It almost sounds as though I am saying that it’s my husband who is marginalizing me–

ack–

no, my husband has been so great through all of this–there are times when it’s been hard for him to go alone to things, etc.–but he’s really been a champion–

he said that about ‘that other man in our church’ who is threatened because his (the other man) mother had MCS, so I threaten him?

I’m really in a pretty good place right now, but I am realizing that I may have battles to fight, again–in the future, and you’re right . . .

if we have to fight, we have to fight–

*girding on my armor*

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Faye

18. Mar, 2010

I am so happy to have found your website. I have een suffering MCS for 14 years now and it has been a constant battle. I have had to give up my job, move to an area with cleaner air and change my whole lifestyle. I am extremely fortunate that my husband is very supportive as many people just simply don’t understand what is wrong. Friends forget that I can’t cope with perfume, incidently that is how I became ill, I was a fragrance counter manager in a department store, a job which I loved but which had terrible consequences.. For the first few years of my illness I spent a fortune on doctors, specialists and alternative medicine none of which helped, I would probably have been better off spending the money on a long vacation. Speaking of which I have been offered a free cruise on a brand new ship that I have had to decline as the possibility of the cabin with new carpets, woodwork etc making me really ill is very real. I would love to correspond with other people in a similar position to me and find out if anything at all has really helped them. Unfortunately I can’t spend a lot of time on the computer as I also have problems with electromagnetic sensitivity. Looking forward to hearing from people who understand what it is like to live like this.
Warm regards
Faye

Reply to this comment
- Susie Collins
  
  18. Mar, 2010
  
  Aloha and welcome, Faye! Happy you found us. You must really take this story to heart given the problems you had with perfume at your former job. You are more than welcome to join our network, it’s a great community with tons of support, information and sharing. Come join us! http://thecanaryreport.ning.com/
  
  Reply to this comment
Susie Collins

18. Mar, 2010

This judgment has really helped validate so many of us. With MCS it’s very hard to be in strong enough shape to be able to fight like Susan McBride did, so I want everybody to stop beating themselves up– hear me, Jaz? Cut it out! You don’t know if pressure you bore way back then would have had any impact had you channeled it through the courts– these are different times and things are changing, the time is ripe. And Susan had an attorney that knew the angle that would work, now, at this stage of the ADA.

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Jeanne

18. Mar, 2010

Susie,

Yes, it is very validating & exciting!

Thank you for echoing what I told lovely Jasmine the other day… not to beat herself up. Jasmine is a warrior for the cause and helps far more people than she’ll probably ever fully realize.

Hear that, Jasmine?

Jeanne

Reply to this comment
Jasmine

19. Mar, 2010

Okay, okay, don’t beat me up about it Thank you Susie and Jeanne for the love, understanding and constant support.

And a warm welcome to the flock, Faye!

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Kerry

24. Mar, 2010

So glad she won this settlement. HOPE for all canaries!

Reply to this comment
- Susie Collins
  
  25. Mar, 2010
  
  Aloha Kerry! I think HR directors will see that $100K and maybe pay a little more attention to the canary asking for the right to clean air.
  
  Reply to this comment
James Miller

08. Jul, 2010

Wow! This is monumental. Now if we can just get tne naive creatures of the country’s many boondocks to catch on?

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