Accommodation

The Workplace Environment

If you have been medically diagnosed with multiple chemical sensitivity according to most state laws and the Americans with Disabilities Act (ADA), you are considered disabled. Be sure this diagnosis came with a letter of accommodation that clearly describes your specific condition and your safety needs. Under various disability laws, you have certain rights to accommodation depending on the situation. Is everyone in every situation legally required to accommodate your special needs? No. The two most accommodating environments are workplaces and schools.

Steps to Requesting Accommodation:

1.)  Assess exactly what kind of accommodation you will need in order to safely continue performing your job or educational responsibilities.

What aspects of the environment are causing your symptoms or illness?

Are there ways to rectify the situation and change the environment?

Are there alternative options? A change in location? An adjustment to your schedule in terms of days or hours you work?

Are there standard practices that may be changed? For instance, instead of chemical supplies using non-toxic alternatives.

Would employee policy reforms restricting the use of personal hygiene products help?

The Presentation of Options

To the best of your ability detail the exact steps needed to be taken to make your work or school environment safe. This will involve an honest evaluation of your health in relation to your situation. In some cases, no accommodation will work. Be realistic and be reasonable.

 

2.) Review company or institutional policies so you have an understanding of the organization's level of flexibility and limitations.

3.) Review and research state and federal accommodation laws regarding your situation. Seek assistance from the Americans With Disabilities Act (www.ada.gov), the Equal Employment Opportunity Commission (www.eeoc.gov), the Environmental Protection Agency (www.epa.gov) and if you belong to a union, contact your union representatives. Not only will representatives from these organizations know the laws and pertinent information to your specific situation, but relationship building with key individuals may provide you with a valuable support system.



The Angels of Accommodation

4.) Meet with a lawyer, preferably one who specializes in employment law or civil rights law. Find one who will not charge you for the initial consultation, who may potentially take a case pro-bono, and who has experience with chemical sensitivity and accommodation. Ask about accommodation laws in conjunction with your situation. This lawyer may offer to write a letter to support your accommodation request or attend any meetings you may have with your supervisors. Take a rain check. Not only will they charge you through the nose for these services, you don't want to bring in the big guns. You only want their basic, legal advice at this point. (More on lawyers later....)

The Chemically Sensitive Employees Afraid
To Be Identified
(See the look in their eyes?)

5.) Find out who else would benefit from accommodation such as fellow employees, students, customers, clients, support staff, etc. Find out if anyone has requested accommodation. How was it received? Do this carefully, conversationally, and informally as personal research. Many people worry about job security and will not speak with you for fear you'll give their name to their supervisors risking their positions. Be confidential and trustworthy.

6.) Meet with your supervisor or school administrator to discuss your needs and options. Be prepared for scenarios for acceptance and assistance or denial and hostility, and everything in between.  Be open-minded and professional with an attitude of collaboration. Take detailed notes and listen carefully. Do the conversational contributions indicate they have experience with accommodation requests? Are they open? Are they clueless? Are they feeling threatened? Listen. The clues will help you strategize your plan of action.

The Accommodation Request
(Don't forget your sword!)

7.) Write a letter requesting accommodation. Clearly describe your environment, health issues, and possible options for accommodation. Attach your doctor's letter of accommodation requirements and any other correspondence from supportive healthcare experts.

8.) Meet with your supervisor or school administrator. Take your letter of accommodation, lists of accommodation options, and any research information you deem might be helpful. For instance, without naming names, let them know how many other employees/staff/students would benefit from accommodation. Assume the authority will invite backup personnel to your meeting to serve as witnesses. Do the same. Take along someone from your support system if available: someone from the ADA, EEOC, or your union.

9.) Keep detailed records of every step you take. Keep track of dates and times of contacts and information given.

Steps NOT to take:

The Legal Crusader

1.) Seek legal counsel for information only. Don't threaten authority with legal retribution. Threats can make authority defensive and less than willing to assist. Avoid divulging that you are even meeting with a lawyer or authority may panic, refuse to continue negotiations and arm themselves with their own lawyers. Also, once you get accommodation, you don't want to return to a hostile work or school environment nor be labeled as a troublemaker. It doesn't make for very good working relations. 

2.) Don't be argumentative, rude, disrespectful or entitled at any point no matter how frustrated or ill you are feeling. Your negative attitude will negate and dilute the focus of your request. Maintain an attitude of professionalism and intelligence.

3.) Give only the facts. Do not include excessive, unnecessary information based on emotion, hearsay, or conjecture. Assume everything you write or say will be recorded and possibly used against you later.

Chemically Sensitive Troops

4.) Don't rally the troops by enlisting support from fellow employees and students. This creates an us against them mentality that can backfire. At this point you want a collaborative solution where all parties are working for the betterment of each other. By finding out who else might need accommodation, you may use this as a form of statistical analysis when approaching authority during the initial meeting, but don't imply you've been gathering support (before you declare war) or you'll be seen as a troublemaker negating the positive spirit of the workplace. Don't make them feel defensive or they will decide they have no reason to help you. Once it's viewed as a war, sides are taken and boundaries drawn. It's difficult to reestablish trust.

For someone who doesn't want to rock the boat, being this proactive is not easy. Getting to the point where you are sick all the time and unable to be a productive employee, yet desperately wanting to keep your job will force you into action in hopes of rectifying the situation. Desperation is a great motivator. I have heard of MCSers experiencing harassment from fellow employees who purposely make their lives a living hell by not only wearing perfume, but squirting it on the person's work station or body. Anger is a great motivator, too.

Hissssss. Spit. Hisssss.

In most cases, your employer or school administration will bend over backwards to help, especially if they are in anyway competent when in comes to managing people. The inept employer or school administrator will deny accommodation and in some cases refuse to discuss it regardless of your presentation or proactivity. They just don't want to deal with it.

Good luck!