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New ADA Guidelines with Fragrance Sensitivity in the Workplace – Live Webinar
April 4, 2019 @ 10:00 am - 11:30 am EDT$145
1.5 HRCI Recertification Credits and 1.5 SHRM PDCs
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.
In this Webinar you will learn your obligations to recognize a Fragrance Sensitivity request for a reasonable accommodation and how to grant it to assist the employee, comply with the Law and protect our company so we don’t ever find ourselves having to write a check with so many zeros!
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 definition of Disability.
- Broader definition under the Amendment Act.
- Employers Compliance with the Americans with Disability Act.
- Fragrance Sensitivity – Definition/Prevention/Treatment/Mitigating Symptoms
- New ADA Guidelines for Fragrance Sensitivity
- How to handle Fragrance Sensitivity requests for accommodation?
- The Interactive Process.
- Reasonable Accommodations Vs. Perfect Accommodations – Courts’ opinion
- Examples of Reasonable Accommodations for Fragrance Sensitivity.
- Courts’ Opinion in regards to Workplace Fragrance Sensitivity Policy
- Developing a Workplace Fragrance Sensitivity Policy.
- Recent Significant Fragrance Sensitivity Cases.
Key Topics to be addressed include:
- Courts’ opinion with Employer’s obligation with Fragrance Sensitivity.
- Fragrance Sensitivity and Employees’ Work Performance
- Undue Hardship defense.
- Interactive Process from A-Z.