EEOC Issues Opinion Letter Regarding Sensitivity To Cologne Worn By His Coworkers

In October 2007, the EEOC issued an opinion letter regarding whether an asthmatic police officer's sensitivity to a particular type of cologne worn by his coworkers constituted a disability.  

While the EEOC recognized that breathing difficulties resulting from exposure to chemicals that cause substantial breathing difficulties constitutes a disability under the Americans with Disabilities, it opined that sensitivity to one scent of cologne was insufficient to rise to the level of disability status.  Regarding potential reasonable accommodations (provided that the officer's sensitivity was a disability), the EEOC suggested that a ban on a particular type of cologne would be an undue hardship on the employer because it would infringe on coworkers' personal grooming and hygiene choices and be difficult to enforce.  Instead, the EEOC suggested accommodations such as moving the officer's work station away from the cologne or purchasing an air filter to remove the scent. 

Because the determination of disability status involves the balancing of many factors, it is wise to consult your legal professional when an employee requests reasonable accommodation based on disability status.  Your attorney can provide guidance in determining whether the employee's impairment constitutes and disability under the ADA and, if so, help establish your legal obligation in providing reasonable accommodation.