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The lawyers at Crawford Chondon & Partners LLP have experience in drafting fragrance-free workplace policies and can assist with implementing the policies to ensure that employees with scent sensitivities are accommodated properly.
Please Note: This blog has been prepared as an informational service for our clients and other interested parties.
The question of what management is required to do to accommodate staff with respiratory complaints, however, will depend on the size and resources of the company, as well as the magnitude of the change the employee is seeking.
Risks and Rights There are many risks in the workplace for employees with asthma or environmental allergies.
Jeremy Beach, an associate professor in the Department of Medicine at the University of Alberta who has researched occupational asthma.In the Tribunal began its decision by stating that it could not conclude that Ms. An employee has a responsibility to advise that he or she requires accommodation and provide sufficient information to the employer to allow it to identify and provide appropriate solutions.Based on the facts in this case, the Tribunal found that Ms. Although she alleged that the discrimination occurred when Inteleservices did not enforce its fragrance-free workplace policy, she did not advise the employer that what she required was an environment free of noticeable scents and scents that were undetectable by others. Kovios did not request accommodation for her hypersensitivity, and in fact did not inform the employer of that condition, the issue of whether Inteleservices accommodated her to the point of undue hardship did not even arise. Kovios had a positive obligation to accurately identify her disability, describe the accommodation she required and clearly explain that the solutions the employer had been attempting to implement were not adequate. Kovios did not experience discrimination at the hands of Inteleservices.Clearly, employees have a duty to provide sufficient information to the employer regarding the severity of their disabilities and information on the type of accommodation they require.Unlawful discrimination does not occur where employers are unaware of an employee’s disability or the need for accommodation.