Description
Learn how the Americans with Disabilities Act (ADA) applies to employees with allergies and odor sensitivities.With allergies and odor sensitivities on the rise and affecting millions of Americans, employers are increasingly confronted with the challenge of accommodating such conditions in the workplace. As a result of the ADA Amendments Act, many more employees are filing disabilityrelated claims for failure to accommodate, discrimination, and retaliation, causing employers to question how to properly accommodate such conditions. For example, a Michigan court determined that an employee for the city of Detroit with an allergy to certain air fresheners and perfumes could proceed with her ADA claim because, according to the court, her disability substantially limited the major life activity of breathing. The employee was awarded 100,000 and attorneys’ fees. This topic will provide you with the necessary information to determine if an employee or applicant claiming an allergy or odor sensitivity is covered by the ADA, as well as how to implement appropriate policies addressing allergies and odor sensitivities in the workplace, properly accommodate employees affected by these conditions, and otherwise comply with the requirements of the ADA, as modified by the ADAAA, especially after the COVID19 remote work experience.
Date: 2023-03-22 Start Time: End Time:
Learning Objectives
What Allergies and Odor Sensitivities Are Protected Under the ADA?
• Are Allergies and Odor Sensitivities Considered Disabilities for the Purposes of the ADA?
• What Is the Technical Difference Between Allergies and Odor Sensitivities?
• How Does Asthma or Chronic Respiratory Infection Affect ADA Obligations?
Determining Whether an Employee With an Allergy or Odor Sensitivity Is an Individual With a Disability and Qualified for a Position
• Permissible Inquiries
• Medical Exams – When May They Be Used?
What Types of Accommodations Are Employers Required to Provide?
• How EEOCs ADA Regulations Affect the Accommodation of Employees With Allergies and Odor Sensitivities, Including Employees Allergies to Service Animals
• Determining What Might Constitute a Reasonable Accommodation and/or If Such an Accommodation Would Cause Undue Hardship to Your Organization
• How the COVID-19 Work From Home Experience Affects Remote Work Requests
Best Practices for Employers
• Creating a Proper Process to Determine Whether an Individual With Allergies or Odor Sensitivity Is Qualified and an Individual With a Disability Under the ADA
• Implementing a Policy Concerning Allergies and Odor Sensitivities
• Preventing Conflicts When an Employees Allergy or Sensitivity Requires an Accommodation Affecting Co-Workers Use of Perfume or Toiletries
• Lessons Learned From Recent Cases Regarding Allergies and Odors in the Workplace, Especially Reasonable Accommodation and Remote Work Requests After COVID-19
ASA ,HR Certification Institute ,SHRM ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Nancy Gunzenhauser Popper-Epstein Becker & Green, P.C., Frank C. Morris, Jr. – Epstein Becker & Green, P.C.
