Is Multiple Chemical Sensitivity a Disability Under the ADA?

The Americans with Disabilities Act (ADA) bans employers from discriminating against people with disabilities. It orders employers to treat workers and job applicants fairly. When an employer becomes aware of someone’s disability, it must make reasonable accommodations, but some exceptions apply.

But some conditions don’t fit neatly into a widely accepted category. MCS and Environmental Illness (EI) are two such medical conditions. Adverse reactions to various chemicals and environmental irritants characterize MCS and EI.

This article will explain whether these conditions are disabilities under the ADA. Yet, every case is different. If you need support getting an accommodation, you can turn to an employment attorney for help.

The Americans With Disabilities Act May Cover Multiple Chemical Sensitivities

The ADA does not make an exhaustive list of disabilities covered. Instead, it covers a physical or mental disability substantially limiting one or more major life activities.

Some of the examples the ADA gives for major life activities are:

• Caring for oneself
• Performing manual tasks
• Seeing
• Hearing
• Eating
• Sleeping
• Walking or standing
• Lifting or bending
• Speaking or communicating
• Breathing
• Learning
• Reading
• Thinking/concentrating
• Working
• Functions of the immune system
• Normal cell growth
• Functions of the digestive system
• Bowel/bladder
• Neurological functions
• Circulatory functions
• Endocrine functions
• Reproductive functions

If any of the above tasks are affected by your multiple chemical sensitivities, then you probably qualify as having a disability under the ADA. 

Examples of MCS Triggers at Work

The workplace can contain many different chemicals that aggravate MCS, such as:

• Cleaning products and solvents
• Room deodorizers
• Pest management chemicals
• New or treated carpeting
• Exhaust fumes from vehicles and machinery
• Industrial fumes
• Paint fumes

Issues that affect all employees can also trigger MCS, such as workplace mold and asbestos exposure. 

In many cases, the offending source is not limited to the employee’s personal work area. An accommodation may need bigger changes if an air filter or protective equipment can’t solve the problem. Yet, the law excuses an employer when accommodating employees falls under the legal definition of undue hardship.

How To Handle Multiple Chemical Sensitivities Disability at Work

Your employer must make reasonable accommodations for you, as long as doing so does not place an undue hardship on the business operations. It would help your case if you could offer your employer ways to accommodate your disability.

Some ideas for possible accommodations might include:

• Providing surgical masks
• Implementing a fragrance-free policy, including air fresheners and scented products
• Providing latex-free gloves
• Improving ventilation to improve indoor air quality
• Moving your workstation away from irritants, like cleaning products

Some employers simply enforce maintaining a work environment free of pollutants such as fragrances, toxic cleaning agents, pesticides, exhaust fumes, and tobacco smoke. If you need ideas, consult the Job Accommodation Network at 1-800-232-9675.

Requesting an Accommodation for MCS

If your multiple chemical sensitivities qualify under the ADA, you should first talk with your employer. Express your concerns and offer some reasonable ideas for accommodating you. It might help if you have medical documentation of your impairments to show your employer during your discussion. Hopefully, your employer will be familiar with the ADA and willing to help. If not, try talking to your human resources department.

If you talk to your manager and human resources department with no luck, legal action may be your only option. The ADA protects you from any retaliation your employer makes against you based on discrimination claims.

What To Do If Your Employer Won't Listen

File a disability discrimination complaint based on your multiple chemical sensitivities. The Equal Employment Opportunity Commission (EEOC) enforces the ADA.

The EEOC has many offices around the country. File your complaint at the nearest one to your place of employment. For help locating the appropriate EEOC office, call 1-800-669-4000. For a list of offices and instructions on filing your complaint, visit the EEOC website.

You may want to consult a lawyer with experience with employment discrimination and labor laws to help file a claim or to take further civil action.

Should You File an ADA Claim for Chemical Sensitivity? Talk To an Attorney

Having an allergic reaction or having breathing difficulties due to chemical products can be a nightmare. Suffering alone at work is even worse. Often, your chemical sensitivity may qualify as a disability under the law. Want to know more? Speak to an employment law attorney today.