Asthma in the workplace

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w4rb4dg3r

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I live in Louisiana. I previously posted about dishonest coworkers. The same coworkers who have lied repeatedly about instructions to perform their work have come up with a new tactic. I have asthma. Certain cosmetics and other chemicals can cause severe reactions. Last year a coworker who sells Avon tried to get me to smell some hand lotion she was trying to sell. I politely asked her not to put it on when she was in the same room as me. (With a tape measure, our seats at the time were 32 inches apart) She became upset and tried to prove that Avon does not sell cosmetics that can trigger an asthma attack. I got sick and missed three days of work due to inflammation of my lungs. I had to take a steroid shot and a round of oral steroids and was given yet another prescription for yet another asthma drug. I thought I was in my rights to email the other staff and request a little forebearance on their part with cosmetics. I sent an email to the other five people I work with notifying them that I have asthma and requesting they not apply cosmetics in the same room as me. I was written up and was actually verbally accused of sexual harassment because I put the male technical staff on the To: line and the female administrative staff on the CC: line of the email. I recorded the meeting in self defense. Now a manager and a coworker have taken upon themselves to "test" my asthma. Last week the new manager who I notified I have asthma marched up to my desk and pretended to have to point something out on a note he was handing me. He stood so close that his chest was touching my face and I got a faceful of his clothing detergent and his antiperspirant. (Sit in a chair and have someone stand so close that they have their ribcage touching your right cheek. It's pretty damn close.) (I have to use nonscented detergent and even a special bleach to avoid triggering an attack) I said for him to get off of me and he rubbed himself against me. I pushed him away without force and said that something he was wearing was causing me to be ill. He said he wasn't wearing any cologne and "I guess we'll have to ban soap now."
Another coworker has used hand sanitizer to harrass me. He damaged a few of our client's equipment by removing equipment from servers and workstations while they were powered on. He got in trouble for it without any action on my part but blamed me for the issue. He sat at his desk (forty inches from my desk by tape measure) and put on the hand sanitizer while I was on the phone with a client. ALL THE WAY UP HIS ARMS. Nobody I know uses hand sanitizer to the point that it wets their short shirtsleeves. He was looking at me while he did it (the entire time). The phone conversation went on for twenty minutes and I got hoarser and hoarser. I finally got done with the client and had to take three shots of my asthma inhaler to calm my lungs down. He did the same type of thing three days later, except he used the hand sanitizer eleven times in ninety minutes. He never left his desk, he didn't do anything except speak on the phone and type on his keyboard. There was no reasonable reason to apply that much hand sanitizer to his hands. I refused to work with him on any client site because of this behavior. He also wears "inexpensive" cologne that has multiple of the client company employees complaining. Today I noticed that he wasn't wearing a noticeable amount of cologne at the office until he saw me there. He left the office and came back a few minutes later surrounded by a cloud of that crap.
I have requested that either he or I be moved to a different desk. I complained to the owner, who said I have to "follow the chain of command" which includes the manager who is trying to prove I don't have asthma. I was written up for "insubordination" for sending an email to my coworkers to notify them that I have asthma.
What is my legal recourse?
 
You can always quit and go to work somewhere else.

The rest of the world - even your office - is not going to have to change the way they live to accommodate you, I hope you understand that.

Plus, I'm real curious just what kind of asthma you have that is so easily triggered. I have had asthma all my life, and none have been so easily brought on. If you have one of an assortment of environmental disorders, that might necessitate you to change the type of work environment you choose to be in.

Your state MIGHT have laws protecting people with your type of ailment, and your employer might be required to make REASONABLE accommodations. So, you might consider speaking to a labor attorney in your area if you really want to make an issue out of this. Otherwise, your employer does not HAVE to agree with your complaints or see your side of an issue. They do not HAVE to change the rules to accommodate you should they choose not to. And it is doubtful that they will have the authority to ban soap, detergent, deodorant, hand cleaner, etc. from the workplace.

But, a consultation with an attorney might provide you with some legal options ... you just don't know until you try.

- Carl
 
You are missing the point. I didn't ask for cologne to be banned. I asked if these people were going to wear smelly cosmetics that they not apply them while seated next to me. Period. I didn't tell the girl she couldn't wear lotion. I asked her not to apply a smelly cosmetic when she was less than thirty six inches away from me. She has the ENTIRE PLANET to put the stuff on in. She doesn't have to do it when seated next to me....
 
The problem is there is no legal requirement that she adhere to your wishes. There MAY be a legal requirement for your employer to make some reasonable accommodation and apply such a rule in the workplace, but there may just as easily not be such a law.

If you wish to force your employer's hand, you should consult an attorney who is familiar with these sorts of issues and whether the employer in your state is under a legal obligation to provide for some accommodation under the circumstances.

- Carl
 
Whoa, hold the phone here, Carl. Have you ever heard of the Americans with Disabilities Act? The OP not only might, but almost certainly does have an excellent claim under that. Asthma absolutely can be considered a protected disability.

OP, if you have not talked to your HR department, do so immediately, and you will want to make it absolutely clear that you are formally requesting accomodation under the ADA. Once you do that, the company is required by law to determine if there is a reasonable accomodation that can be reached. I do not believe that a requirement to ban cologne is unreasonable; changing your desk may or may not be.

If your employer refuses to make any accomodation, your next step after that is to file a complaint with the EEOC.
 
Whoa, hold the phone here, Carl. Have you ever heard of the Americans with Disabilities Act? The OP not only might, but almost certainly does have an excellent claim under that. Asthma absolutely can be considered a protected disability.
Not necessarily. There are other conditions that might apply - size of the office included. Any change has to be "reasonable" ... the remedy MAY not be "reasonable". It really depends on a host of factors that we do not know.

The ADA does NOT require businesses to inconvenience all the other employees for the sake of one. Whether this is that kind of situation, who knows?

- Carl
 
I know of plenty of offices that have fragrance bans; I seriously doubt that the EEOC will consider such a ban as "inconveniencing" other employees. There is no guaranteed right to wear fragrance.

It also seems that the employees in this instance are going out of their way to apply fragrance near the poster. This could be considered harassment.

You do have a point about the size of the office; there must be 15 or more employees for the ADA to apply.
 
It depends on what accommodation the OP will be asking for. If he asks for no laundry detergent, soap, or deodorant (and, yes, I have seen those requests), that would be unreasonable. If the OP's account of harassment is true, then it may well be some form of harassment. However, being in the cynical line of work I am in, I suspect there is a second side to that story.

I know people who have these environmental disorders (one is a relative) so I am aware of the issue. I am an asthmatic myself, and I have never experienced this problem ... not sure that it is NOT part of his condition, but it's not an element I am acquainted with.

We also have to assume that his doctor will sign off on these fragrances as being a catalyst for his asthma. This may not be the case - I just don't know.

- Carl
 
I am borderline asthmatic and do have several fragrance allergies.

I didn't get the impression that the OP was demanding no deoderant, laundry detergent or soap, just that cologne and other fragrances not be deliberately forced on her.

I'm not saying she has a slam dunk million dollar case. But your initial posts were essentially telling her that there is nothing she could do, and that is simply not the case.
 
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