Accommodating Employees with
Fragrance and Chemical
Sensitivities
Tracie DeFreitas, M.S.
Lead Consultant, ADA Specialist
JAN is a service of the U.S. Department of Labor’s
Office of Disability Employment Policy.
1
Overview
 Defining Fragrance/Chemical Sensitivity
 Working Through the Interactive Process
 Common Workplace Issues &
Accommodation Solutions
 Fragrance Sensitivity, the ADA, & Policies
2
Fragrance/Chemical Sensitivity Defined
 Inability to tolerate an environmental chemical or
class of chemicals
 Intolerance to even very low level exposure to
chemicals
 Symptoms occur in more than one organ system
 Problem is ongoing
 Same symptoms are reproducible with repeated
exposure to the triggers
 Avoidance is key
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Triggers, Symptoms, and Limitations
Triggers
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Fragrances (variety)
Air fresheners/deodorizers
Tobacco Smoke
Cleaning agents
New carpet/furnishings
Floor wax/stripper
Paint
Pesticides
Poor indoor air quality
(IAQ)
Symptoms & Limitations
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Difficulty breathing
Tightening of the throat
Headaches/migraines
Nausea
Difficulty
concentrating/memory loss
Fatigue
Dizziness
Skin irritation/hives
Arthritis-like sensations
and muscle pain
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Fragrance in the Workplace
 Prevalence of fragrance sensitivity in the American
population (Caress SM, Steinemann AC, J Environmental Health, 2009)
 30.5% of the general population reported scented
products on others to be irritating
 Considerable percentage of the U.S. population reports
adverse health effects or irritation from fragranced
products, with higher percentages among those with
asthma and chemical sensitivity
 JAN cases
 Causative Factor of Fragrance Sensitivity
 Approximately 850 Contacts, 2/09-2/14
 Accommodations, Policy Language, ADA
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Interactive Process
Work Collaboratively to
Identify a Solution
Fragrance/Chemical
Sensitivity At Work
 What limitations is the
employee
experiencing?
 How are these
limitations affecting job
performance?
 What accommodations
are available?
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Disability and the ADAAA
 An individual has a
disability under the
ADA Amendments Act
if he or she:
 has a physical or
mental impairment
which substantially
limits one or more
major life activities;
 has a record of such
an impairment; or
 is regarded as having
 Substantially limited is
construed broadly
 Compared to most
people in the general
population
 Ultimately, employer
decides
 Not sure? Err on the
side of caution and
process the request
such an impairment.
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Example
An employee was having difficulty working in open spaces
with co-workers whose scented products made her ill. She
asked not to have to attend face-to-face meetings in the office
and to attend a week-long training remotely.
 Is this a request for accommodation?
 What limitations is the employee experiencing and is medical
information needed?
 How are these limitations affecting job performance?
 Has the employee suggested accommodations? What about
the medical provider or other resources, like JAN?
 What accommodation solutions are reasonable and
effective?
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Solutions
On-site Meetings
Training
 Advance notice of
meetings
 Attend training
remotely
 Fragrance-free policy
for meetings
 Advance access to
training materials
 Attend meetings
remotely
 Alternative training
method (e.g., with a
supervisor or one-onone trainer)
 Provide handouts in
advance and minutes
after
 Mask, air cleaner,
alternate location
 Fragrance-free policy
for trainings
 Mask
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Common Workplace Issues
 Poor Indoor Air Quality
(IAQ)
 Construction and
Remodeling
 Cleaning Products and
Deodorizers
 Exposure to
Fragrances
 JAN’s Employees with
Fragrance Sensitivity
 JAN’s Employees with
Multiple Chemical
Sensitivity or
Environmental Illness
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Poor Indoor Air Quality (IAQ)
 Conduct air quality
testing (industrial
hygiene professional)
 Control or eliminate
pollutants
 Allow alternative work
arrangements
 Add or remove plants
 Do not allow burning of
candles, etc.
 Replace/clean filters
 Provide a room air
cleaner
 Provide a mask or
personal air cleaner
 Maintain a clean, dry
work environment
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Products/Protection
Desktop Air Cleaner
“I Can Breathe”
Mask
JAN does not recommend or endorse products.
Personal Air Cleaner
R95 Carbon Mask
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Construction and Remodeling
 Offer pre-notification
 Allow alternative work
arrangements
 Schedule remodeling
activities when building
is not occupied
 Use non-toxic or green
building materials,
furnishings, and
supplies (low/no VOC)
 Provide a mask
 Allow time for offgassing of new
products
 Provide air cleaning
system
 Use non-toxic
carpeting or alternative
floor covering (tile,
cork, wool, SafeChoice
Carpet Seal)
 Relocation or
reassignment
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Cleaning Chemicals and Deodorizers
 Ask the employee for
suggestions. What do
you use at home?
 Discontinue using
spray deodorizers,
scented candles, scent
dispensers, etc., and
opt for non-scented
odor neutralizers
 Allow time for offgassing of products
 Provide air cleaning
systems suitable for
fumes and increase air
flow/air exchanges per
room
 Provide a mask
 Use non-toxic or
natural cleaning
products (baking soda,
Borax, vinegar, etc.)
JAN does not recommend or endorse products.
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What’s the most common sensitivity
JAN Consultants hear about?
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Fragrance Sensitivity
 Perfumes, colognes,
scented lotions,
detergents, personal care
products, air fresheners,
candles, etc.
 Provide an air cleaner,
mask, fan
 Remove the offending
fragrance
 Allow alternative work
arrangements
 Move the employee from
the source of the
fragrance
 Do not require
attendance at social
events
 Provide an enclosed
workspace
 Reduce exposure to
fragrances by
implementing a policy
 Allow to attend meetings
remotely
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Example
A healthcare worker requested that the employer
guarantee a 100% fragrance free environment as an
accommodation.
 Is an employer required to implement a fragrance
policy as a reasonable accommodation?
 Is a fragrance policy a reasonable accommodation?
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Fragrance Sensitivity & the ADA
 Roberts v. Slater (EEOC 2000)
 Employee with chemical sensitivity asked employer, the
Department of Transportation, for a fragrance-free
environment
 An entirely fragrant free environment was not a reasonable
request for accommodation, and would have imposed an
undue hardship on the agency’s operation
 While implementing a fragrance policy may not be a reasonable
accommodation under the ADA, employers are not precluded
from doing so, or sending out memos to make people aware of
the concept of being courteous to fellow co-workers. (EEOC)
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Fragrance Sensitivity & the ADA
 McBride v. City of Detroit (E.D. Mich. 2008)
 Court held that while a "scent-free" policy for the workplace is
indeed an unreasonable accommodation because it would
require an undue hardship, the evidence indicated that
employee was not actually seeking a "scent-free" policy per
se—the employee wanted to work with management to come
up with something that would provide her relief
 Employer’s inaction and statements of its human resources
personnel suggested that there was no interactive process
 City of Detroit settled in 2010, paid McBride, a senior city
planner, $100,000, and changed its ADA handbook and
training, and posted notices about their fragrance policy
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Fragrance Sensitivity & the ADA
 Core v. Champaign County. Board of County Commissioners,
(S.D. Ohio 2012)
 Employee with severe asthma and chemical sensitivity to
certain perfumes and other scents
 Co-workers mocked her, including in Facebook posts making
fun of her condition. Alleged that employees began to wear a
particular perfume intentionally around her and that the
employer took no action to stop this conduct
 Request for an official policy banning all fragrances might be
reasonable, particularly in light of the objectionable conduct
engaged in by co-workers and the allegation that the
employer took no steps to stop the conduct
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Example
The employer purchased an air purifier, asked certain
employees who wore heavy scents to refrain from doing
so, and placed posters around the office to educate all
employees about fragrance sensitivity. The employee
was also moved to a larger room where she was not so
confined.
In JAN’s follow-up survey, the employer reported that by
making accommodations for this employee they also
raised company awareness on fragrance sensitivity
throughout its 25 offices.
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Fragrance Policy Issues
 May not be ‘reasonable’ within the meaning of the
ADA, but employer is not precluded from doing more
 100% fragrance-free may not be feasible, but can limit
exposure
 Increase awareness and do not tolerate harassment
 Can benefit all employees/visitors/patients
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Developing a Fragrance Policy
 Conduct an employee
needs assessment
 Conduct a workplace
and personal chemical
assessment
 Understand applicable
local, state, federal
statutes
 Include employee
representation in all
phases of the
development,
implementation, and
evaluation
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Developing a Fragrance Policy
 Ensure all departments
understand their role in
the success of policy
implementation
 Regularly evaluate the
policy for effectiveness
and make changes as
needed
 Develop a disciplinary
process prior to
implementation
 Develop strategies for
communicating the
policy to “outsiders”
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Fragrance Policy Example
American Lung Association
Policies
1. [EMPLOYER] expects that all offices and spaces used by the
staff and their visitors remain free of scented products.
2. Personal care products such as cologne, perfume, aftershave
lotions, scented lotions, fragranced hair products and/or similar
products are not to be worn in the facilities owned and operated
by [EMPLOYER] including company owned vehicles.
3. Use of air fresheners and candles are prohibited from the
facilities owned and operated by [EMPLOYER] including
company owned vehicles.
4. Use of cleaning products other than those purchased by the
[EMPLOYER or BUILDING MANAGEMENT] are prohibited for
cleaning personal workspaces.
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Fragrance Policy Example
American Lung Association
Procedure
1. Employees will be informed of the [EMPLOYER] Fragrance-free
Policy through signs posted throughout properties owned and
operated by [EMPLOYER] including company-owned vehicles.
2. Visitors will be informed of the [EMPLOYER] Fragrance-free
Policy by their hosts, the meeting invite, email correspondences
and signs posted throughout the properties owned and operated
by [EMPLOYER]. Sample Email Signature for guests: “This is a
fragrance-free workplace. Thank you for not wearing any of the
following during your visit: cologne, after shave lotion, perfume,
perfumed hand lotion, fragranced hair products, and/or similar
products. Our chemically-sensitive co-workers and clients thank
you.”
3. Any violations of this policy will be handled through the standard
disciplinary procedure.
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Fragrance Policy Example
Society for Human Resource Management
“Recognizing that employees and visitors to our offices may
have sensitivity and/or allergic reactions to various fragrant
products, [Company Name] is a fragrance-free workplace.
Personal fragrant products (fragrances, colognes, lotions,
powders and other similar products) that are perceptible to
others should not be worn by employees. Other fragrant
products (scented candles, potpourri and other similar items)
are also not permitted in the workplace. Any employee with a
concern about scents or odors should contact his or her
manager or the Human Resource Department.”
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Fragrance Policy Example
U.S. Centers for Disease Control
“Scented or fragranced products are prohibited at all times in
all interior space owned, rented, or leased by CDC this
includes the use of:
 Incense, candles, or reed diffusers.
 Fragrance-emitting devices of any kind
 Wall-mounted devices, similar to fragrance-emitting
devices, that operate automatically or by pushing a
button to dispense deodorizers or disinfectants.
 Potpourri
 Plug-in or spray air fresheners
 Urinal or toilet blocks
 Other fragranced deodorizer/re-odorizer products
Personal care products (e.g. colognes, perfumes, essential
oils, scented skin and hair products) should not be applied at
or near actual workstations, restrooms, or anywhere in CDC
owned or leased buildings.”
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Fragrance Policy Example
Brant Community Healthcare System
“In our efforts to provide a healthier place of work and care
the BCHS promotes a fragrance free environment to minimize
the potential adverse allergic and/or medical reactions that
can occur among patients, visitors, staff, and volunteers such
as asthma, allergies, respiratory conditions and migraine
headaches.
Wearing or using products with a noticeable scent such as
perfume, colognes, aftershave, and body spray, perfume,
cologne, aftershave, some air fresheners and cleaning
products is not permitted within this facility.”
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Fragrance Policy Example
U.S. Access Board
“…the Board requests that all participants refrain from
wearing perfume, cologne and other fragrances, and use
unscented personal care products in order to promote a
fragrance-free environment. This request is included in
notices and on displayed signage for the Board’s meetings,
hearings, and other public events. In addition, the Board will
work with the operators of meeting sites to prevent the use of
deodorizers and cleaning products immediately before the
event in and around meeting locations.”
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Fragrance Poster Examples
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Accommodation Example
A state employer had received requests from employees with
fragrance sensitivity who worked in various positions. The
employer was looking for general accommodation ideas. After
contacting JAN, the employer reported that it was in the
process of determining the best way to have a fragrance-free
workplace, given that it is a public agency and employees
work in cubicles rather than private offices.
They were also looking into restricting employees from
wearing strong fragrances and
providing masks for employees
who would like to wear them.
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Accommodation Example
A local government employee requested accommodations
due to fragrance sensitivity. The employer purchased an air
purifier, custodians were instructed to use non-scented
janitorial products, and areas of a public facility were
designated as non-scented/fragrance-free zones. The
employer educated all employees on refraining from wearing
fragrances on the job. The employee was also permitted to
work from home one day per week. Reported cost: $1,000
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Accommodation Example
A police officer experienced migraines that were triggered by
fragrances. The employer allowed the employee to work a
modified schedule and assigned her to low volume areas
where she would be less likely to come into contact with
individuals wearing fragrances.
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JAN Resources
 Interactive Process
 Medical Inquiry in Response to an Accommodation
Request
 How to Determine Whether a Person Has a Disability
Under the ADAAA
 Accommodation and Compliance Series: The ADA
Amendments Act of 2008
 Employees with Fragrance Sensitivity
 Employees with Multiple Chemical Sensitivity or
Environmental Illness
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Thank you for participating!
Contact
 (800)526-7234 (V) & (877)781-9403 (TTY)
 AskJAN.org & jan@askjan.org
 (304)216-8189 via Text
 janconsultants via Skype
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