Chalmette, LA asked in Employment Law and Employment Discrimination for Louisiana

Q: I was laid off because I’m severely allergic to Christmas trees a real one is in the building do I have a case?

The temp agency couldn’t get any accommodations for me even though I offered to work outdoors under the carport. The refusal to accommodate because of my severe allergic reaction to Christmas trees seems wrong due to the company has policies regarding scents used in the building. My unemployment is not close to my paycheck. Was this wrong what they did to me? I can’t control my severe allergies to Christmas trees and pine scent.

1 Lawyer Answer
J. Heath Dillon
J. Heath Dillon
  • Leesville, LA
  • Licensed in Louisiana

A: There are many unknown variables involved in your situation and in response to your inquiry. Consequently, it is not possible to state definitively whether your employer did anything wrong. To name a few - you have not provided information as to the size of your employer (how many employees are employed). Additionally, it is not clear that your allergy is a medical condition that warrants accommodation consideration. Further, you've not indicated whether you provided your employer any medical documentation to substantiate your condition and the impacts the condition has on your ability to perform one or more essential function of your position. Additionally, it is unclear whether your allergy could be reasonably accommodated given your position responsibilities. These are just some of the issues raised by your question. You should consult with a Louisiana employment law attorney to further explore the facts, law, and your options.

Tim Akpinar agrees with this answer

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