Multiple Chemical Sensitivity and the ADA

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Multiple Chemical Sensitivity and the ADA

_http://www.thecanaryreport.org/2009/05/03/multiple-chemical-sensitivity-and

-the-ada/_

(http://www.thecanaryreport.org/2009/05/03/multiple-chemical-sensitivity-and-the\

-ada/)

 

 

I get a lot of emails from people who are still trying to work and are

attempting to get their employers to provide them with some type of

accommodation for their chemical sensitivities. Basically, they are trying to

force a

reluctant employer to do something that the employer is not willing to do

and want to know if they can use the Americans with Disabilities Act (ADA)

or the federal counterpart.

Until very recently, this has not been a fruitful approach. When the ADA

was first passed, a lot of people were hopeful, or apprehensive depending on

their situation, that it would revolutionize the workplace. If you just

read the language of the ADA, it would seem to require employers to do all

sorts of things to accommodate people, and might have a substantial impact on

how work injury claims are handled as well.

I remember being deluged with seminar offers in the early 90’s about the

ADA. Speakers went into dizzying detail about all of the provisions and their

impact on employment law, workers compensation, and disability benefits. A

lot of these were really thinly disguised marketing efforts by lawyers

looking to get hired by employers. They put quite a scare into them.

Then the federal courts got a hold of the cases on appeal and basically

shut down the entire ADA by the restrictive way they interpreted it. I think

they were trying to avoid having their already crowded dockets flooded by a

wave of ADA cases, but the end result is that the law in its application

was essentially gutted. The seminars mainly stopped as well. Employers no

longer needed to worry and hire lawyers.

Under the ADA, you have to file a complaint with the Federal Equal

Employment Opportunity Commission. They will try to informally resolve the

matter,

and may schedule a conference or hold a hearing. The EEOC is also charged

with handling all cases involving racial, gender, age, and other forms of

discrimination prohibited by the Federal Civil Rights Act, and already had

their hands full before the ADA came along.

As a practical matter, it is difficult to ask an employer to make an

accommodation for someone with Multiple Chemical Sensitivity and/or

Environmental Illness (MCS/EI). An employer does not want to regulate the

wearing of

perfume by other employees, pull out the synthetic carpet, install windows

that open, or change what chemicals the cleaning crew is using. Similarly,

they may not feel comfortable with having an employee work solely from home.

This, at least, seems to be the way the EEOC has viewed it up to now.

There have recently been some minor language changes in the ADA pertaining

to the definition of disability so we will have to wait and see what effect

that has on MCS/EI cases. There is also a recent Canadian study where they

suggest a number of accommodations that employers could make (although

they mention in the same study that the American rules are much more

restrictive).

In the meantime, although I can work with clients in any part of the

country on ADA issues, I also tell them that they may wind up having to quit

and

apply for disability. These are actually the reasons that people with

MCS/EI are disabled. It’s not that they can’t do the job, it’s that

people won

’t cooperate, and these exposures can’t be avoided outside of the home

environment.

_Link to all columns by Michael Walkup._

(http://www.thecanaryreport.org/category/contributors/michael-walkup/)

###

This _series on Multiple Chemical Sensitivity_

(http://www.thecanaryreport.org/category/contributors/michael-walkup/) and

disability rights is

written by Michael Walkup, attorney at law.

Michael is an experienced disability practitioner with more than 25 years

experience in the disability law field. In 2001, he became disabled due to

Multiple Chemical Sensitivity (MCS), Chronic Fatigue Syndrome (CFS) and

Fibromyalgia Syndrome (FMS). He now provides a service to advise clients with

potential disability claims who have MCS, CFS and/or FMS. As these programs

and law are usually federal, he is able to practice in all 50 states and,

therefore, represent clients regardless of location.

Michael is a long time Sustaining Member of the National Organization for

Social Security Claimants’ Representatives, the only national body for

disability representatives. He is also certified as a Federal Trial Lawyer and

is admitted to the U.S. Court of Appeals for Veteran’s Claims.

Michael would welcome the opportunity to possibly help with disability

claims. For more information, visit his website MCS Legal Help at

_walkuplaw.com_ (http://walkuplaw.com/) . Contact info: email

MJWalkup or

call 866-880-4878.

 

Related Articles:

 

 

_Multiple Chemical Sensitivity and Social Security Disability, Part 7_

(http://www.thecanaryreport.org/?p=8180) _Multiple Chemical Sensitivity and

Social Security Disability, Part 6_

(http://www.thecanaryreport.org/?p=7900) _Michael Walkup’s farm grows _

(http://www.thecanaryreport.org/?p=7134)

_Multiple Chemical Sensitivity and Social Security Disability, Part 5_

(http://www.thecanaryreport.org/?p=6991) _Multiple Chemical Sensitivity and

Social Security Disability, Part 4_ (http://www.thecanaryreport.org/?p=6978)