2020 ADA Guidelines with Fragrance Sensitivity in the Workplace Certificate Program (Starts 12-6-2019)
December 6, 2019 @ 10:00 am - 12:00 pm EST$195.00
HRCI – 2 HR(General) Credits
SHRM – 2 PDC’s
Presenter: Elga Lejarza-Penn
Duration: 2 Hours
Delivery Options: In-Person or Live Stream
There are a number of conditions that make it difficult for someone to be exposed to fragrances and chemicals. Allergies, asthma and multiple chemical sensitivity (MCS) can cause a wide variety of symptoms, including but not limited to dizziness, vomiting, respiratory distress, headaches and skin conditions. Any of these symptoms make it difficult, if not impossible, for the employee experiencing them to work efficiently.
In the extreme case where an employee’s fragrance sensitivity is severe enough to substantially limit his or her ability to perform their essential job functions, the employee may be deemed to have a disability under the Americans with Disabilities Act (ADA). If so, an employer has a duty to provide a reasonable accommodation to the employee, if one exists, unless the accommodation would result in an undue hardship for the employer.
A federal jury in Michigan awarded $10.6 million to a female disc jockey who claimed under the Americans with Disabilities Act that her country music radio station employer failed to accommodate her allergy to a fellow deejay’s perfume.
A few months ago, a jury decided that a California company must pay $3M to an employee after ignoring his request for accommodation due to diagnosed chemical allergies.
In this Webinar, you will learn your obligations to recognize a Fragrance Sensitivity and a Multiple Chemical Sensitivity (MCS) request for a reasonable accommodation and how to grant it to assist the employee, comply with the law and protect our company. We will avoid a lot of headaches, teary eyes, and runny nose we might experience from hearing the word “LAWSUIT”!
It took decades for the workplace to acknowledge the dangers of smoking and to recognize the deadly effects of exposure to second-hand smoke. Once acknowledged, it was a few more years before the workplace became safe for workers from the dangers of second-hand smoke. Fragrance Sensitivity is following the same trajectory.
Areas Covered in the Session:
- Americans with Disability Act and the definition of Disability.
- Broader definition under the Amendment Act.
- Employers Compliance with the Americans with Disability Act.
- Fragrance Sensitivity Definition.
- Fragrance Sensitivity Prevention/Treatment.
- Fragrance Sensitivity Mitigating Symptoms.
- Is Fragrance Sensitivity a disability under ADA?
- Is Fragrance Sensitivity considered a serious condition under FMLA?
- New ADA Guidelines for Fragrance Sensitivity.
- Types of allergy symptoms due to Fragrance Sensitivity.
- How to handle Fragrance Sensitivity requests for accommodation?
- Fragrance Sensitivity and dealing with customers’ fragrances.
- How do to accommodate employees with multiple chemical sensitivities?
- Steps of the Interactive Process (A-Z).
- Reasonable Accommodations Vs. Perfect Accommodations – Courts’ opinion
- Examples of Reasonable Accommodations for Fragrance Sensitivity.
- Confidentiality of medical information under ADA.
- Courts’ Opinion regarding Workplace Fragrance Sensitivity Policy.
- Can an employer require an employee not to wear perfume?
- Steps for developing a Workplace Fragrance Sensitivity Policy.
- Do people prefer fragranced or fragrance-free environments?
- What are the benefits of fragrance-free policies?
- What are the challenges in implementing fragrance-free policies?
- Recent Significant Fragrance Sensitivity Cases.
- Using the Undue Hardship defense
Who Would Benefit from this Webinar
- Human Resources Professionals
- Human Resources Consultants
- Employee Relations Professionals
- Benefit Coordinators
- Office Managers
- Managers and Supervisors
- Business Owners