[susabar]

Dear Human Resources,
I have been having this problem with a co-workers perfume for years. It took two trips to the Emergency Room with a migraine for me to figure out that a specific heavy "designer" perfume that a co-worker wears makes me very ill. I told her about it immediately in a very kind way and she continually wears it. When I approach her about it she has some excuse like , " Oh I am working on the other side of the room ". Or, " I thought you were off today". My supervisor got involved last time and made her go home , shower, and change her clothing but it was too late... later that evening I was vomiting and went to the ER with a severe migraine. My supervisor told her never to wear it again. I went to Employee Health to file a complaint and they said it wasn't an employee health issue. While my boss was out on a medical leave I agreed to take care of some paperwork for him. I went into work un-announced one Sunday to do some of the work but again had to leave because she was wearing the fragrance. Today, I agreed to work for a co-worker , although we switched it was several weeks ago and my name has been on the calendar since. When I got there today, she was wearing the perfume again. She claimed it wasn't her fault that I agreed to work for someone else. I can't believe this is still happening!! I was unable to stay at work today, I spent most of the afternoon sleeping from the migraine medicine I need to ward off an attack. The effects of this lasts several days. I don't even know what happened after I left because there was no one to replace me. ( I work in a one room laboratory ) Do I have any rights? Should I contact a lawyer? I don't know what to do ?
Thanks!
Sue Barszowski

[swirlgirl]

My perfume once made a co-worker have an allergy attack! I was so embarrassed and felt was so sorry for causing her to go through that!. I never wore any fragrance ever again at that job... it is very rude and unkind of that co-worker to do that to you! I would contact a lawyer since your not getting any help from the management at your job... I would notify the management that you will be billing them for the lawyer! I first would contact a lawyer that gives you a free consultation. Good Luck...

[shygrneyzs]

Ok, this falls under the ADA. You get violently ill from smelling that perfume and yet this woman continues to wear it. This is a violation of your health rights - your employer to make a reasonable accommodation for your illness due to that perfume. Have you been tested for this? To have documentation that this perfume is what is causing the reactions? You need medical documentation. Your doctor or doctors to back you up.

You can make a request for the workplace accommodation via your Human Resource Department. These requests should be in writing and should include the following information: Medical or psychological condition and its duration, nature of requested workplace accommodation, and a brief explanation of how the requested accommodation will enable you to perform your job.

You may be asked to provide medical verification of your medical condition from a health care professional to support your request. It may also be necessary to provide the health care professional with the your job description so that your doctor/s can evaluate how the requested accommodation will assist the you in performing your job.

You have a serious health condition and need to find out if your condition is covered under workplace accommodations for health. See the following:
Ed Kit 1996 - What You Should Know about Workplace Laws (US Labor Dept)
ADA Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act (Department of Justice)