News Notes: Fragrance-Sensitive Employee May Qualify For ADA Protection

In a decision that could test the limits of the Americans with Disabilities Act, a federal court in Utah has ruled a worker’s sensitivity to strong fragrances may qualify as a disability. Glenda Davis had worked for a state tax agency for four years when she developed a sensitivity to fragrances that resulted in headaches, a rapid heart rate and breathing problems. For six years her bosses accommodated her by separating her from perfume-wearing co-workers. But after her new office mate refused to stop using scented hand lotion, Davis said she had no choice but to quit when supervisors denied her request for a move. The court allowed her ADA claim for unlawful discharge to proceed to trial because, it said, a jury could find that Davis’ sensitivity to fragrances impaired the major life activity of breathing.