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Accommodating Employees With Allergies and Odor Sensitivities

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.

66 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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 or Chronic Respiratory Infection Affect ADA Obligations?

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

  • Permissible Inquiries
  • Medical Exams - When May They Be Used?

What Types of Accommodations Are Employers Required to Provide?

  • How EEOC's ADA Regulations Affect the Accommodation of Employees With Allergies and Odor Sensitivities, Including Employees' Allergies to Service Animals
  • Determining What Might Constitute a Reasonable Accommodation and/or If Such an Accommodation Would Cause Undue Hardship to Your Organization
  • How the COVID-19 Work From Home Experience Affects Remote Work Requests

Best Practices for Employers

  • Creating a Proper Process to Determine Whether an Individual With Allergies or Odor Sensitivity Is Qualified and an Individual With a Disability Under the ADA
  • Implementing a Policy Concerning Allergies and Odor Sensitivities
  • Preventing Conflicts When an Employee's Allergy or Sensitivity Requires an Accommodation Affecting Co-Workers Use of Perfume or Toiletries
  • Lessons Learned From Recent Cases Regarding Allergies and Odors in the Workplace, Especially Reasonable Accommodation and Remote Work Requests After COVID-19
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on March 22, 2023.

Call 1-866-352-9540 for further credit information.

  • ASA 1.0
     
  • This program qualifies for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
     
  • HR Certification Institute 1.0
     
  • This E-Learning program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.0
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Nancy Gunzenhauser Popper

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
Frank C. Morris, Jr.

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 the 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]
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 410555
Published 2023
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