Lorman Education Services Audio Conference: Accommodating Employees with Allergies and Odor Sensitivities

Frank C. Morris, Jr., and Susan Gross Sholinsky, Members of the Firm, will present "Accommodating Employees with Allergies and Odor Sensitivities," a Lorman Education Services audio conference.

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 live audio conference will provide human resources professionals and attorneys with the necessary information to determine if an employee or applicant claiming an allergy or odor sensitivity is covered by the ADA, how to implement appropriate policies addressing allergies and odor sensitivities in the workplace, properly accommodate employees suffering from these conditions, and otherwise comply with the requirements of the ADA, as modified by the ADAAA.

Agenda

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 Play Into These Issues?

Determining Whether an Employee With an Allergy or Odor Sensitivity Is a Qualified Individual With a Disability

• Permissible Inquiries
• Medical Exams 

What Types of Accommodations Are Employers Required to Provide?

• How the New ADA Regulations Affect the Accommodation of Employees With Allergies and Odor Sensitivities
• Determining What Might Constitute a Reasonable Accommodation, and/or If Such an Accommodation Would Cause Undue Hardship to Your Organization

Best Practices for Employers

• Creating a Mechanism to Determine Whether an Individual With Allergies or Odor Sensitivity Will Be Considered a Qualified Individual With a Disability Under the ADA
• Implementing a Policy Concerning Allergies and Odor Sensitivities
• Lessons Learned From Recent Cases Regarding Allergies and Odors in the Workplace

For more information, visit Lorman.com.