Q: I'm wondering if I have a discrimination case against my previous employer.
I felt I had to quit my job. I was expected to work in a small room with no air circulation and with a woman that doused herself with a strong perfume several times a day. I have allergies & presented employer with a doctor's statement that I can't work with chemicals/perfume. They chose to accommodate her. I walked out. Would this be a case?
A:
Allergies can be, but are not necessarily, a disability. It depends on whether your allergies are so severe that you meet the legal definition of "disabled", i.e. an individual who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
It also depends on whether you "quitting" satisfies the criteria for a "constructive discharge", i.e. when a worker's resignation is not voluntary because the employer has created a hostile or intolerable work environment or has applied other forms of pressure or coercion which forced the employee to quit or resign. This often arises when an employer makes significant and severe changes in the terms and conditions of a worker's employment.
Given the weak facts, I doubt very many experienced attorneys would accept such a case, and almost certainly not on any sort of contingency fee. You should expect a lengthy and expensive legal battle.
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