Tuesday, March 12, 2013

Allergy To Perfume, Covered Under Americans with Disabilities Act?

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 A former Champaign County (Illinois) employee could receive a $20,000 settlement after she argued the county failed to accommodate her while she suffered from an allergy to perfume. I know breathing issues are a big deal, this is another reason why cleaning companies stopped using bleach. But this is a rather intersting case where perfumes are involved.


In the civil case, Core had argued two of her co-workers had intentionally worn Japanese Cherry Blossom perfume, despite knowing it caused her to have an allergic reaction.

Pamela Core, a former social services worker for the Champaign County Department of Jobs and Family Services, will be paid the money as part of the tentative agreement. Core had complained that she suffered from asthma and a severe chemical sensitivity to certain perfumes and other scented products.

In return, Core will drop her claim against the county under the Americans with Disabilities Act. Core, hired in 2003, will also release the county from a separate civil lawsuit that is still pending against two former co-workers.

“I think we’re both satisfied with the settlement,” Gerboth said.

Frank Hatfield, an attorney who represented the county, declined to discuss the case because the settlement process is still ongoing.

According to court documents, Core filed a claim against the county under the Americans with Disabilities Act and also sought a disability claim because of her condition, which included an allergic reaction to some perfumes, including the Japanese Cherry Blossom fragrance. The U.S. District Court ultimately ruled in favor of the county. But the case was appealed and was settled after mediation.

Core had maintained her position as a social worker since 2003, but her healthcare provider informed the county that Core could only work in an environment that is “free of perfume,” according to court documents.

However, a decision by the U.S. District Court also showed Core sells jewelry at craft shows, where she could be exposed to perfume. The disability also did not prevent Core from shopping, eating at restaurants, attending college classes, wearing perfume or walking around her neighborhood, the court said.


Fore Entire story

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