Fragrance-Free Nation: Can You Sue?

Scenario #1: At your workplace, the woman you share a cubicle with consistently wears a strong perfume. You have MCS-Multiple Chemical Sensitivity. Perfumes especially trigger your MCS symptoms: migraines, asthma, sinus problems and more. You've told your co-worker that her perfume causes problems for you-she told you she doesn't care. You told your boss about the situation- it's "out of his hands." Your Human Resources person was clueless on what to do. Your friends say quit the job-it's not worth the health problems it causes. Someone suggests you sue your company using the Americans With Disabilities Act as a basis. Can you sue?

Scenario #2: You are a teacher in a public school. Again, same situation-you have MCS. You have carefully explained to your class that perfumes, hair gels, after shave, and a few other things make you seriously ill. One student has made it clear that he will continue to wear his strong cologne and hair gel no matter WHAT health problems you have. He has a bit of a malicious attitude about it and is proud of the fact that he can put you down with just a bit of cologne and hair gel. Someone tells you that this is a direct assault on your person. Can you sue?

Lawsuits are one way some people are bringing attention to MCS. In Nova Scotia, a teacher named Tanya MacDonald went to the police after a student continued to wear his hair gel and cologne in her classroom. She had pointed out the school's no scent policy to him. She explained that this was a direct assault against her and her health, violating the school's policy and the law.

Lawsuits in the workplace are becoming a bigger problem also. Most companies have some type of environmental policy in place, mainly because of air quality issues like mold, mildew, or toxic chemicals. These are directed toward building environments and not specific individuals, but some people are looking into the wording on the Americans with Disabilities Act and the Clean Air Act to see if there is any basis for a lawsuit. See what you think-here are links to both:

Americans with Disabilities Act Homepage

Plain English Guide to the Clean Air Act

Individual lawsuits are hard to win because companies comply with Government regulations out of goodwill. There is no agency overseeing the fragrance industry. As I had mentioned in an earlier article, the fragrance industry polices itself for the most part. Some people are seeking lawsuits, though, and these links will give you insight into what some individuals and groups have done:

A Growing Sensitivity to What's in the Air

Dept. of Justice responds to inquiry

Fragrance-Free Workplaces

The answer to "Can you sue?" is "you can try." I think as time passes, more people will see the need to regulate use of fragrances in confined areas in a building, similar to the smoking policies we now have. Do you think we'll ever get to a place where restaurants offer "Fragrance" and "Non-Fragrance" seating? I'd like to see that.

Next month's topic- Fragrance and Your Brain. See you then.