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 disability-related 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 COVID-19 remote work experience.
Agenda
Faculty
Frank C. Morris, Jr.
Epstein Becker & Green, P.C.
- Senior partner in the employment law practice in Washington, D.C., and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
- Speaker on the ADA and employment law to the judicial conferences for the federal judges of Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits
- Adjunct professor at the George Washington University Law School
- Named to The Best Lawyers in America and the Washington, D.C. Super Lawyers, and Washington, D.C. and Baltimore Top-Rated Lawyers
- Represents and counsels employers and public accommodations nationally in employment, labor, leave, and disability matters
- Can be contacted at [email protected]
Nancy Gunzenhauser Popper
Epstein Becker & Green, P.C.
- Member of the Firm at Epstein Becker & Green
- Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace
- Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
- Prepares employment, consulting, and separation agreement
- Audits employers’ employment policies, procedures, and handbooks to ensure compliance with applicable laws and best practices
- Conducts workplace training seminars for employees, managers, and human resources personnel
- Assists in defending clients in labor and employment-related litigation in a broad array of matters, such as discrimination, harassment, retaliation, breach of contract, and wage and hour disputes
- B.A., Vanderbilt University; J.D., Brooklyn Law School
- Can be contacted at [email protected] or 212-315-3758
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