Rose, OK asked in Employment Discrimination for Oklahoma

Q: Is there anything tp help me with a breathing problem caused by fragrances at work?

I have breathing problems when exposed to fragrances, my Dr has given my work documentation, they have made some allowances to the problem, but there is a vendor who comes in with cologne so strong I can smell him through the door. I have asked him to sell his stuff in the breakroom, he got ugly and told me to keep my door closed, this does not solve the problem and I work there. Is there anything I can do with this situation? If I pepper spray him, I'm in trouble, but he is abusing me by making me sick,

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1 Lawyer Answer

Howard Berkson

Answered
  • Employment Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: The Americans with Disabilities Act (ADA) can apply to a person who has allergic or asthmatic responses to fragrances. Whether the ADA applies to your particular situation depends on all the surrounding facts and circumstances. If ADA applies, your employer may have to do more to protect you from exposure to fragrances.

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