Employment Accommodation or PAY!

A company called Caltrans was sued by a MCSer for failing to accommodate his chemical sensitivity disability. His supervisors called him an "idiot" and fellow employees would harass him by placing perfumed items at his work station. He was awarded $3 million dollars! Then the judge stated he thought that was excessive and believed the jury's award to be based on passion and prejudice and reduced it to $350 thousand. WHAT? This was appealed because the dumb-shit judge didn't give any evidence as to why it should be lowered, and he is now back to being awarded $5 MILLION DOLLARS. That's the summary. You can read the whole article HERE

Hooray for justice! Finally! This sets legal precedent on disability accommodations. Maybe we'll finally be taken seriously.

I sure wish my lawsuit so long ago would have gone so well. I was told not to bother that the judge would throw it out of court. This guy must have had a much better lawyer than I did!

Lawsuit Verdict

Eventually my lawyer told me going to trial would cost me about $40,000. That's $40,000 bucks, up front, straight out of my very empty pockets AND there was a good chance the judge would throw it out of court because that's what judges did ten years ago. He didn't tell me this during our first meeting or I might have not agreed to go through all the hell I did. At the time with no income, no job and no job prospects, it was not an option for me. But even if I had the extra money, I had no confidence in my lawyer's ability to win let alone work. At that point I felt I'd done enough to attract attention and possibly affect change. Lawsuits are really for the rich. Pro-bono afforded me just enough to get noticed. There might have been other hoop-jumping games I could have played to continue without forking out a bunch of money I didn't have, but other options weren't offered. Maybe my attorney was tired of working for free? And I was really tired. Two years of ongoing stress is enough to break anyone. 

What I accomplished:

Satisfaction knowing I didn't just go away quietly and disappear.

Satisfaction knowing everyone in the school knew about it as well as many others throughout the district. With the exception of the perfume wearers, nearly all my fellow teachers emailed me after I walked off the job to apologize and say they wish they would have known.  How many people did the opposing counsel interview? How many people talked about it? My ex-library assistant was working in the district office during this time and she kept me abreast of the district chatter. Making people aware of chemical sensitivity is priceless. I also kept running into students who would hug me, tell me they were sorry the school made me sick, and that they missed me. It was very sweet. I really wanted to tell them it wasn't the school, it was that stinky teacher of yours!

Money affects change. Their lawyer was expensive. He was from a huge law firm in the city and running for senate the year of my deposition. He spent many hours interviewing district employees, filing paperwork, and attending meetings. Very expensive. My problem, as the principal called it, didn't go unnoticed.

And the best, the principal was fired. Of course, the idiot man was hired as a principal in another district because few school districts have standards. I think like pedophiles stupid principals should have to be declared where ever they go so everyone is aware of their bad behaviors. The only thing I regret about not going through with a lawsuit is I very badly wanted him to be deposed. To be inconvenience just a little. Hearing he was fired helped.

Consequences:

Paranoia. Having every detail of my personal life and health scrutinized by strangers who treated me like a criminal left me very cautious about giving any information to anyone. I don't tell doctors much anymore because I know nothing is really confidential and any information disclosed can be twisted to use against you disguised as justice.

Cynicism. As if I wasn't already cynical! I was told by several people the law is written for the accused, not the victims, and it only works for people who have money. I don't have a lot of confidence in it to protect me from any injustice. Maybe this is not cynicism, but realism. I need to buy a gun....

I am not an attorney so much of my information is based on personal experience from ten years ago which might be a little outdated. The case studies I've read since suggest times are changing. Discrimination lawsuits due to lack of accommodation aren't being thoughtlessly thrown out of the courtroom like they were ten years ago. People are winning lawsuits and affecting change, but each individual has a different set of circumstances that can affect outcomes. And change is slow!

Independent Medical Examinations

My attorney scheduled me for an "independent medical examination" at the request of the evil opposing counsel.  At the time I had no idea what an IME was, but I was petrified.  The recent experience of jumping from doctor to doctor hearing perfume doesn't make people sick or perhaps psychological counseling would help? made the thought of visiting a doctor specifically chosen to destroy my credibility just a little unnerving.  My attorney offered little support other than informing me it was their right and by law, if I wanted to play the legal game, I had to comply.

On top of the idea of impending humiliation, it was an appointment with an allergy doctor. Having had numerous allergy doctors refuse to see me because MCS wasn't an "allergy," I wondered about the opposing counsel's game plan. What was their agenda? I was haunted by the fact that this doctor's name sounded vaguely familiar.  Had I read about his opposition to MCS somewhere? Is he the evil one? Am I being sacrificed for the sake of legal clarity?

I asked my environmental medicine specialist if he knew this doctor.  He told me he did, very well, and had some rather passionate discussions with him on the existence of MCS.  I was informed that this man would not, in any way, help my case, but more likely damage it as he believed MCS is all in our heads.  More panic.  I asked my attorney if I could refuse or somehow request another doctor since this one was already biased.  Nope, they get to choose who they want.  This is part of the game. Great.

The following is a list of suggestions, tips and advice on how to survive the IME game.  It's based on my experience with a touch of panic-based research, confidential disclosures from my attorney, and a lot of reflective opinion.

1)  An independent medical examination (IME) is a standard, common procedure in legal medical cases.

2)  Legal representatives or insurance companies have the right to request an IME for  legal proceedings.  Those that request will pay the costs.

3)  The party requesting an IME will choose a doctor who is knowledgeable, yet biased toward their own agenda, therefore, an independent medical examination is anything BUT independent. This is normal, expected and understood by all parties as part of the legal process. Requesting another doctor is permissible, however, highly discouraged and only if there is a very good reason.

3)  Request the "scope and sequence" of the IM examination from your lawyer.  This is your right.  It will give you a very vague idea of what will happen, but at least an idea. Knowledge is power.

4)  Make it clear to your lawyer the doctor's office must be fragrance-free.  In addition, if your health is compromised by auto exhaust or other environmental factors regarding the commute, request to choose the time and day of the appointment.

5)  Let your lawyer know you will not subject yourself to tests that will compromise your health, i.e., allergy tests, inhaler tests, any procedure using chemicals that may produce symptoms.

6)  Do not take any documents or notes to the doctor's appointment unless your lawyer instructs you differently. If you do, the doctor may ask to see them and make note of them in his written assessment. This may end up as evidence. You may take blank paper and pen to take notes if you desire. Be prepared to eat them.

7)  Avoid taking friends or relatives with you. The doctor will ask your friend's name and write it down as part of the examination.  Subsequently, the opposing counsel may subpoena him/her as a witness and require disclosure of conversations before and after the appointment regarding the appointment.  If possible, take your attorney's secretary, legal assistant or paralegal and ask him/her to take notes for you. (I believe they will be documented, but are bound by attorney-client confidentiality?  Don't quote me.)  However, don't make the mistake of feeling secure with this support. Although your lawyer's legal assistant may be instructed by your lawyer to support you should you refuse a procedure that you feel may compromise your health, he/she will usually not converse with the doctor.  And, this is not T.V. law - don't expect them to jump up and "oppose" questioning in a legal capacity. The legal assistant is only there as a supportive witness. Reminder: Don't let your guard down and feel too safe with their presence.  If a legal assistant is not provided, take a spouse who cannot be required to testify, or a very, very close friend, but inform him/her of the consequences and subsequent involvement (they may be deposed at a later date...). Again, if this support distracts you from concentration, go alone.

8)  Arrive at the doctor's office on time.  If you should arrive early, do not discuss your situation or case in the lobby or in the office as you wait. Assume there are spies. Assume the lights have cameras and the plants are bugged. As I waited to be called for my IME, there was a woman sitting in the lobby dressed in a tennis outfit pretending to read a magazine. My appointment was about an hour late and she was waiting the whole time. Odd. I kept my eye on her. No one else was in the lobby. The legal assistant and I talked about her children and allergies. When I was called in for the appointment just as I was walking in, out of the blue she said to me from behind, "You know it isn't that bad." Surprised she was acting like she knew me or she had any business listening to our conversation I replied, "How would you know? You don't even know me." Even though I had no idea what she was talking about.

9)  Expect to be asked every little detail about your health history and your family's health history.  These questions will reappear two or three times throughout the appointment formatted differently each time. Know your history and the scope of your medical records involving your case. It is highly advised to be honest, however, remember you are not under oath and are not obligated to disclose all.  The doctor doesn't need to know your great aunt's history of gout. Also, don't refuse to answer questions or it will be documented and your honesty will be, therefore, suspect. Be pleasant, kind, and appear forthcoming, honest and eager to please at all times. If you choose not to answer a question, a puzzled look and, "I don't remember" will usually suffice. Resist the temptation to say, "It's none of your damn business" or "What does that have to do with anything?"

10)  If you don't understand the question or the terminology used, ask for clarification. This can get tricky depending on their agenda. For instance I was asked "Do you have panic attacks?"  Now I could have said, "Well, yeah, I had one when I heard about you."  Unfortunately, I didn't know what a "panic attack" was so I chose to answer as clearly as possible: "When perfumes and chemicals stop me from breathing, I sometimes feel panicky."  He continued to repeat, "But do you have panic attacks?"  I should have asked for a definition and my look of bewilderment went ignored, but I didn't so I couldn't decisively say "NO, I don't have panic attacks".  It was as if he waited, amused, for me to hang myself with my words. It went down on my evaluation that I suffer from panic attacks, although now having researched the definition I know I've never had a panic attack in my life.

11)  Qualify your specific MCS symptoms with "...if exposed to [perfume]."  For instance, "Do you get headaches?"  If you only get headaches when you are exposed to perfume, say so or it will be noted "suffers from headaches" regardless of the cause.  "I get headaches when I'm exposed to perfume." "My ears often hurt...when I'm exposed to perfume." "My joints hurt...when I'm exposed to perfume." Don't assume the doctor is making the assumption that your symptoms are caused by chemicals because he/she won't.  The doctor is finding ways to discredit your legal testimony. This is the IME doctor's job.

12)  Expect the doctor to disagree with you.  From what I understand they are supposed to appear unbiased, but arrogance often supersedes.  If he/she says with a chuckle, "Perfume doesn't produce asthmatic symptoms, that's ridiculous." Don't scream and lunge for his/her throat, just smile calmly and wait for the questioning to resume.  Assume all your reactions and your comments will be noted for the record.

13)  When the interrogation part of the examination is finished, the physical examination begins.  Be attentive.  If the nurse comes at you with rubbing alcohol/Freon-based inhalers/allergy test injections and you know you will react, refuse.  The nurse may ask you why.  My repetitive response was, "I am chemically sensitive and that will compromise my health."  Don't allow them to make you feel intimidated with bewildered looks or I need to go discuss this with the doctor threats. Always assume they don't believe you have a problem and you have to protect yourself.

14)  When they release you, smile and leave.  If the receptionist asks if you would like to make another appointment, smile and say, "Not in my lifetime." Treat yourself to something special so your blood pressure will go back to normal.  The end.  You survived.

The real assessment of survival is the doctor's written evaluation which will be mailed to the opposing counsel with a copy to your lawyer and a copy to you from your lawyer, if requested. The document may be swayed with subliminal vocabulary such as she THOUGHT she was sick, she PERCEIVED..., she ALLEGES... and/or will include blatantly incorrect details formulated by the doctor's assumptions, but it's the legal ramifications of his findings that are the most valuable.

I was somewhat fortunate as this allergy doctor found me to be in need of psychotherapy and my psychosis was "reinforced by her unorthodox health perspectives as well as by unorthodox health practitioners".  He concluded, "These individuals, once they come to believe that they are being harmed, are very difficult to treat.  Early on, sometimes psychotherapy is beneficial, but once the belief becomes ingrained, it is hard to dissuade them."  It's still hard for me to believe that educated physicians in this day and age are still so narrow-minded. And, how is an allergy doctor a legal expert in psychiatry?

The written assessment wasn't as bad as I expected.  He actually acknowledged because of my psychotic belief that perfumes were harming my health, I would benefit from a fragrance-free environment. Also, my lawsuit was focused on disability and lack of accommodation and this IME only supported the fact that I was still disabled (although psychologically rather than physically) and I should have been accommodated regardless. He also said I was pleasant. Ah ha! His assessment of me might not have been so glowing if I had grabbed him by the throat  when he started whining about the inconvenience of his Jaguar being in the shop at the same time he was vacationing in Prague. There are advantages to being non-violent.

For the MCS patient who has experience with useless, conventional doctors, facing yet another skeptic can be quite unnerving especially one hired to discredit your very existence. Unfortunately, IMEs are part of the legal hoop jumping process. Think of it as an elaborate game and winning the game means more support and recognition for multiple chemical sensitivity.

Depositions

Throughout the whole lawsuit process I was stressed beyond believe, but there were requirements that made me feel like I would keel over from a nervous breakdown. One of them was the deposition. The reason for most of my stress was lack of contact from my lawyer as I think he could have done a better job putting me at ease. I couldn't find much online and I didn't know anyone who had been through a deposition. I'd seen them on television and movies, but a Hollywood rendition of a deposition will inspire anything but confidence.

Here's the short story for those who just want to know what to expect:



I met with the opposing counsel, a representative from the school district, my lawyer, and a court reporter in my lawyer's office. They asked questions based on what they knew from interviews and documents they had gathered. Those questions are to ascertain what kind of witness you will be during trial. Are you easily flustered or angered? Do you look disorganized and disheveled? Do you look and act dishonest? How will the jury perceive you? Is the information and your answers consistent many years after the incident? In addition, every word is recorded so the conversation may be reviewed and re-reviewed for inconsistencies and general weaknesses so they know how and when to attack you on the witness stand. How nice of them.

The handout I received in the mail from my lawyer was good. Don't answer compound questions or "tell me all" questions. Don't use absolutes or characterizations.  Take my time with each question and keep my answers short. If I can't answer a question with a "Yes" or a "No", then a very short phrase will do. Don't elaborate or volunteer information and be aware every word you say goes on record. If my lawyer objects to any question, be on your toes as that is a sign they are being shifty. Appearance is very important so look sharp, and above all, don't get angry no matter what they say or ask.

How would I remember all that? In addition, I was instructed to re-familiarize myself with the experience by looking over any notes or documentation I kept. Facts that happened two years ago. Fortunately, I had a very lengthy and detailed journal that I had kept that year for a library science class. I studied. I was incredibly nervous.

I arrived wearing a navy blue suit with pearls. I figured "looking sharp" while hanging with attorneys meant I should dress like one.  Most of the questions were really basic. If I started crying, which I did several times, my attorney would always ask if I wanted to take a break. Once we took a break because he was hungry. When he came back late, the opposing attorney asked me with a devious smile, "Should we start without him?" HA! 

I became really effective at playing the one word or short phrase game. For instance, the opposing lawyer asked, "Was anyone working with you in the library?"

"Yes."

The lawyer stared at me waiting for me to elaborate. He'd raise his eyebrows and shrugged his shoulders silently suggesting  Anything else you want to add?  Nope. One word said it all. He continued, "Did you have an assistant?"

"Yes."

Pause. Stare. Waiting for more information. Eyebrow action. "What was her name?"

"Judy Smith."

I was awesome. It was like playing "Name that Tune". I should have received an Academy Award. The deposition probably should have only taken two hours, but my one word answers drug it out to four hours. That's fine by me. I found out the opposing attorney's rates were around $500 per hour.

Only once did my attorney "object" to a question. They were trying to get me to say what I would do IF there was a fragrance-free policy in place and IF a teacher came to work wearing fragrances what would be the official protocol IF I was in charge. Total conjecture. I had no idea what an imaginary school would do in an imaginary situation with me in an imaginary position of power. I had no idea how to answer it. Every time my attorney yelled, "I OBJECT.... blah... blah...blah... conjecture... blah... blah!" I would feel flustered not understanding how to answer the question and ask, "Could you repeat the question, please." They'd repeat it, my attorney would scream another objection, and still not knowing how to answer the question I'd stalled with another, "Could you repeat the question, please." I had them repeat the question about five times, before they gave up. It was kind of funny. $500 an hour.

Another tactic that I could have used, but I never got a chance is, "I don't recall" or "I don't remember."  I had a really good memory and by studying over my journal, it was like the poisoning and professional abuse happened yesterday. Unfortunately. A deposition qualifies as revictimization. In our society, the victim is put on trial and the law is there to protect the accused. (Heck, just writing this blog post is bringing back some nightmare-inducing memories!)

After hours of professional behavior and courtesy just as I was feeling relaxed, the opposing counsel started playing games. One question was asked with much drama and emphasis, "Do you think the principal is an ASSHOLE?!" He yelled "asshole" at me. I did jump out of my skin. Maybe I was too calm for him and he was testing to see if I was still awake?  I gave him a calm, but quizzical look. I thought about it. Actually I didn't think the principal was an asshole at that point in time, only incredibly ignorant. I had run into him at a bookstore just before the deposition and he was very pleasant and kind. So I said, "No."

With a smug look on his face like he scored a big one, the attorney produced an email I wrote to a teacher who told me the principal fired another first-year teacher. In it I called him an asshole. Yeah, back then I thought he was a useless piece of garbage failing miserably at every attempt to manage people. The opposing attorney assigned it an evidence number. My lawyer chuckled and shook his head in disbelief. I continued to smile sweetly like being interrogated was an every day occurrence. I got the impression he expected me to jump up and dramatically scream, "I change my mind! I'm not a liar. He IS an asshole." What  I wanted desperately to ask was, "Is that all you have? If so, we are going to win!" Instead I just smiled. I did think the principal was an asshole. So what.

Months later I was required to go into the court reporter's office and review the deposition document to make sure it was correct. It was a three inch stack of papers. I asked if I could have it sent to me, but no, for security reasons I would have to travel into the city, pay for parking, and sit in their secured office. I was assured the office and staff were fragrance-free, so the only problem would be auto exhaust and other urban smells. 


Surprisingly, it read like a casual conversation. What I didn't realize is I could have taken as much time as I wanted to think about a question before answering, but unfortunately I felt rushed as if taking too much time would reflect badly. There was no indication of the time I spent waiting to answer documented on the transcript.



Also, I didn't read the whole document. I can't imagine anyone expected me to sit there for days reading so I spent one afternoon reading and when I stopped I signed my name at the bottom of the last read page and made note of it. I figured if any discrepancy came up later I could tell them I didn't have time to read the rest.

In the end, the experience was quite memorable and challenging. A very interesting life experience. My lawyer said I was outstanding. Not sure why I went through all that stress.


If you're called in for a deposition, don't worry about it. Think of it as a game and have some fun.

Lawyers and Lawsuits

At one point in my life I worked in a law firm so my experience with the legal system is two-fold. There is a saying, The only people who benefit from a lawsuit are the lawyers. No matter which side wins, the lawyers win more. The reputation of a lawyer is well-deserved. I've never met one that resembled a TV lawyer... a righteous crusader with principles and integrity. There are no Perry Masons in the real world. They might not all be sleazy, but I've never met one who wasn't money-hungry to a fault. Billable hours is how their value in the firm is assessed. I remember while working at that law firm long ago one of the attorneys answered the phone early in the morning. He thought it was his client, but it wasn't. This took maybe five minutes of his time. He asked me for the case number so he could bill another attorney's client. HA!

Desperate to keep my job at the school of stink and then as a last ditch effort to keep my teaching career, I sought legal counseling on several levels. First, I spoke with union representatives, then got advice through government agencies, and finally through a private law firm. If you want to fight this way, first you need to ask yourself if you have the energy and do you want the stress? It can take up to two very long years for a lawsuit to go to court. IF it goes to court. You will be endlessly interrogated, required to disclose a lifetime of personal health information, your friends, family, co-workers, supervisors, and past employers may be questioned, and the opposing counsel will do everything in their power to discredit and humiliate you. They will lie, cheat and harass you within the law. And they know how to play the game. A lawsuit isn't for the weak at heart.

Still feeling brave?

Find a lawyer, preferably one who specializes in discrimination, employment, or civil rights and one who has experience with chemical sensitivity and accommodation. If they don't have expertise, they will be asking YOU for information and you'll wonder if they shouldn't pay you for your research time. But they won't pay you anything, in fact they will charge you for the time it took them to ask you the questions.

If you have lots of money, find a good lawyer. One with experience and education. You'll be paying for the lawyer's time, his secretary's time, his research assistant's time, his paralegal's time, all documentation, every piece of paper copied, postage and delivery fees, every phone call, travel time, court time, office time, every lunch meeting, and every one of their bathroom breaks. Every square of toilet paper will be on your monthly bill. Attorney fees can range from $200 to $1,000 per hour depending his or her experience, education and the size and reputation of the law firm. If they have an associate working with them, you may be paying their hourly rates, too. Ouch.

If you don't have a lot of money, find a lawyer who will take a pro-bono case. Pro-bono is short for the Latin phrase pro bono publico or "for the public good".  If your case is taken pro-bono, it means the lawyer's time is free. Just the time. All other expenses you pay and they add up quickly. It's basically charity work and lawyers are expected to donate so many hours a year toward pro-bono cases. In actuality, what pro-bono means to the lawyer: do a little as possible for as much money as possible.

Find a lawyer who won't charge you for the first consultation. (The expensive lawyers don't do anything free.) Prepare questions to ask and be prepared with information and documentation for review. Not only are you deciding if you want him or her to be your lawyer, but they will be deciding if you have a case and if they want to take it.

If you decide to hire this person and follow through with a lawsuit, you'll be signing a very lengthy contract with your obligations in detail. Bottom line, whatever monetary award you receive IF you win the case, they'll get a humongous chunk.

As the lawsuit progresses, you'll constantly feel like you are in the dark. It's not like it is on television where legal productivity is non-stop and everyone is working around the clock. It's a long, drawn out, very quiet process, and most of it is going on without your involvement. If it's pro-bono, your lawyer's contact with you will be minimal. If you call him, it's his goal to get you off the phone as soon as possible.

Behind the scenes, the lawyer and his/her staff will be responsible for filing documents, meeting deadlines, and getting things done. They will send you all kinds of paperwork, questionnaires, and documents to be signed from their office and the opposing counsel's office and they will request documents from you.  Not knowing what is happening feels very stressful. The quiet is enough to drive anyone crazy. My lawyer told me to forget about the lawsuit and just go about my life as if there wasn't one.

Why did my lawyer take my case?  By the time I saw him I had a least a large box of documentation and other research information to support my accommodation issues. I know at one point in a meeting someone asked him about legal precedent and he said, "Ask her," pointing at me, "I have no idea.  She's the one who has done the research." And I thought, So glad I'm not paying you to do nothing, you useless jerk. He did very little. I think his plan was to sit back, do nothing and reap the rewards. Or maybe he did have principles? Naw. Maybe he was behind in his pro-bono hours for the year and my office visit was good timing? Really, I have no idea why he agreed to take my case and I was absolutely shocked when he said he would. Maybe because I actually had a case?

Why did I go through with a lawsuit? I was constantly asked by friends are you sure you want to sue a school district? Yep, I was positive. I was angry. Because of their ignorance, not only was my health destroyed, but my career. If I quietly walked away, how many more teachers and students would they have swept under the rug causing unnecessary stress and illness? How many more will they fail to treat fairly and legally because they don't have to? My goal was to make sure no other teacher's career and health was ruined, and in order to do that, I needed to make their lives a legal living hell. Anything less, and they wouldn't care. Business as usual.

Although all has been said and done, my anger and cynicism persist to this day. Until I see enough educational reforms and changes in school policies to know that teachers and students are fragrance-free safe, I vote NO on school levies, too. I am opposed to public education.

Accommodation Denial

Each year brings more understanding about multiple chemical sensitivity which affects the implementation of fragrance-free polices in workplaces and schools. Unfortunately, those organizations with policies are still the minority forcing most chemically-sensitive employees or students into situations where they need to request accommodation. Accommodation may be denied depending on the situation. I'll share my denial experiences, but keep in mind, times are changing and accommodation and workplace flexibility are far more prevalent than they were ten years ago.

I was a new teacher/librarian at the school that poisoned me. Most teachers wore perfume. The principal wore cologne. Everyone sprayed air fresheners to camouflage the stink of mold, bus fumes and new carpet glue. As a librarian and specialist instructor, I saw all staff members and all students every week through scheduled visits. Students would come up to me, point their little wrists toward my nose and say with pride, "I smell just like my teacher." Oh joy.

Around the end of the first month of teaching with my health declining rapidly, I casually mentioned the fragrance issue with the principal as we stood out at the buses. I made an appointment with him to discuss the situation in more detail. He seemed like a really nice guy. I was convinced if he would simply request the teachers and staff to not wear fragrances, I'd be fine. I'd at least survive through the end of the year when I'd find another job. This was my fifth teaching position in my career and the only one that has ever affected my health.

After hearing my concerns instead of being supportive, the principal informed me he didn't have to accommodate me because it was my choice to work there. I wasn't required to stay. I can leave anytime I want. Therefore, accommodation wasn't a requirement. I knew his line of reasoning was backwards, but he was never very smart and usually in a perpetual state of confusion. He somehow skewed disability information or tweaked it for his convenience. I didn't argue because I liked my job and didn't want to lose it.  He also said I wasn't to discuss it with anyone because he didn't want to start a "perfume war". Before the end of the meeting after much coercing, he agreed to look into my problem and get back with me later in the week.

At first I had hope, after all he said he'd look into it. Not about to take anything for granted and since I was the school's librarian skilled at research, I started doing my own research and by the end of the week I had a stack of papers a foot high plus a few books on schools and associated environmental health issues. At the end of the week, having not heard from him as he was trying to avoid me, I literally cornered him in the hallway and asked what he found out. Nothing. He couldn't find a thing on the subject. Oh well. Too bad. As he skirted away as quickly as possible, I followed carrying my stack of research into his office and promptly set it on his desk. I said as sweetly as I could stomach, "Here is the research I did. I'm sure you'll find it very interesting." [You ignorant asshole.]

Life went on. I did everything possible to fly low and avoid being a target. Teachers were on probation during their first year at a new school district. Not only was this job on the line, but my whole teaching career. You don't ever screw up your first year anywhere or you may never work again. As the school year progressed, I got sicker and sicker. It was impossible to keep a low profile when I was required to work directly with smelly people, go to staff meetings, sit in on parent conferences, go to social events, be on committees, and perform the basic duties of a teacher. I even had to use the children's restroom because the staff bathroom was air freshened constantly. Teachers aren't allowed to use children's restrooms due to child sexual abuse laws, but I really didn't have a choice. Restroom breaks became very stressful. I continued to send the principal copies of my research and medical evaluations, including letters of accommodation from various doctors. He continued to ignore me.

Seven months later, I could see the finish line...and then my assistant was promoted to another position. She was going to be replaced. I panicked. Suppose they hire someone who wears perfume? The day she gave notice we received a district newsletter and on the front page was an article for a law firm that specializes in education and employment law. Come on in for a free consultation!

I explained my situation to the lawyer and asked how I might be able to legally request accommodation to assure my new assistant would be fragrance-free. He explained the hiring committee must state at the interview that the position is fragrance-free. If this isn't done and the new perfume-wearing employee is asked to not wear perfume on her first day, she can sue the school for discrimination. How backwards. He offered to write me a letter of accommodation to clearly explain how this hiring practice is implemented. I declined and told him I'd rather write my own as it would be less threatening. He told me exactly what to include.

I sent the letter to the principle via email the next day. Unfortunately, in order to substantiate my information on hiring procedures for my new assistant, I mentioned in the letter that I had met with a lawyer who gave me advice. I thought I was being helpful in order to save time in case he was wondering where I got the information. We were due to start interviewing for the assistant position in a couple days.

Within an hour the principal stormed into my library and cornered me near a bookshelf where I was working, demanded to know why I went behind his back to seek legal counsel when it should have been addressed informally with him so he could take care of it. He was furious. If he wasn't whispering, he would have been screaming at me. My assistant told me later she was watching us, suspiciously, and on the surface everything looked fine, but she had a bad vibe.

I responded to him that I had INFORMALLY addressed the situation over and over and over again for the last seven months and that it had INFORMALLY been swept under the rug and I had INFORMALLY become so sick I could hardly function. WHEN WAS HE INFORMALLY GOING TO DO SOMETHING? I was also whispering, professional, and calm, but I was really furious. After all those months of being sick, stressed out and playing nice it was all I could do to control the rage. He wasn't impressed at my new assertiveness, but he said nothing. He stormed out of the library only to return at the end of the school day to inform me, very formally with the assistant principal in tow as a witness, when my performance evaluation would be held.  I should bring my union representative. I recognized this was the beginning of the end. He was taking steps to get rid of me.

At the performance evaluation my union representative called in sick. He was a useless piece of shit anyway so it was no great loss. The principal told me I didn't get along with anyone, I didn't go to staff meetings, I was lacking in interpersonal communication skills, and I was going to need to complete training courses to increase my productivity to make me a better team player. I was put on notice. If I didn't comply, I would be fired. What was really funny is I had already taken the classes he was requiring at another job. When I informed him, he gave me a dirty look. It really didn't matter what I did, he wanted me gone...this was just the first step.

I should have asked if I was such a horrible employee why he waited seven months to have this meeting. I probably should have asked why chemical sensitivity was never mentioned as the cause of most of his accusations. I didn't. I had had it with his incompetence. I smiled sweetly and pretended to be compliant.

Later than night I returned to the school, packed up all my belongings and walked off the job with no intention of returning. This wasn't a rash move on my part, although it no doubt surprised everyone. I had been meeting with a union representative outside my district who was very experienced and knowledgeable about employee rights, unlike my own union representative who told me there was nothing he could do. She told me if the environment was poisoning me, and no one was taking any steps to rectify the problem, how could I possibly justify staying? In fact, by struggling to maintain my position and continuing to stay in an environment that I claim is killing me, it sends a message that the situation can't be that bad. Good point.

What do you do if you are denied accommodation?

First step is to quit your job. Find something less toxic for income. Find an employer who will accommodate you. Work from home. Is this easy? No. Is it necessary to maintain some glimmer of health? Usually. Change is difficult anyway, but change with income loss is even harder, sometimes unfathomable. Do you really want to be in a situation where you are being poisoned on a daily basis? Watching what's left of your health disintegrate with each new exposure? Don't hang on for months or years hoping for a miracle. Find a job counselor to assess your employable skills and make some changes. What is that saying? When a door closes, a window opens? By being courageous enough to change, you might just find the career of your dreams.

The second step is to sue the asses off the incompetent idiots who refused accommodation. Most understanding of multiple chemical sensitivity is due to lawsuits. Employers don't want to be sued.  Each lawsuit develops precedent which promotes forced awareness and inspires a serious look at accommodation policies, managerial training, and employee handbook procedures. Lawsuits are not just about winning money. They are about affecting change and being taken seriously. Discuss your options with an attorney to ascertain if you even have a case. You might not.