Slumlords and Refunds: Let the Games Begin

May 2, 2013 

It's been almost 14 days since confronting the landlady about the mold and insect problems. Although she said it would take a few days to refund my money since she needed to wait for my checks to clear the bank, I have received nothing. According to my online banking account, my checks cleared the same day as our conversation. For almost two weeks I've been stressing. Anger stress. Stress is very motivating. I've spent all that energy researching landlord-tenant laws, emailing attorneys, and calling legal self-help lines.

Attorneys are worse than landlords. If you've read some of my older blogs, you know I have a little experience with them. In between calls and emails I chanted to myself, "The only people to benefit in a lawsuit are the lawyers." It's all about money to them and any way they can suck it out of you. Several people I spoke to said many attorneys give free consultations. Yeah, right. I emailed one and asked if he gave free consultations or what his rates were. He suggested I contact a low-income organization for free advice. He didn't even entertain the possibility I could be his client. Maybe he thought if I even bothered to ask for a free consultation I couldn't afford him?  Another said he only represents landlords. Again, assuming I'm a renter and not an owner of property I can't possibly have enough money to afford him. Sounds like economic discrimination to me. Another attorney agreed to a phone conversation but wouldn't answer any of my questions unless I threw money at him. Most didn't even answer my emails! The problem is I am not trained in law nor do I know tricks to research statutes, codes, and regulations so I need advice in order to proceed effectively. One small slip could throw it all in the toilet. I did find attorney in my little town who was informative and kind, but he told me I needed an attorney in the county where the rental is located. Damn. Why is justice so difficult?


Although moldy landlady said a few days, she's a liar. I already knew this. Still, I gave her the benefit of the doubt and waited in hopes she'd do the right thing and send my money back to me. I also know fourteen days is always the magical deadline with rental agreements of any kind and she would need to do something within this time frame or she would be required to refund my deposit no matter what. Sure enough, I received a letter from her on day twelve. She refunded one month's rent for the month of May, plus four days of the ten days I rented in April, She kept the deposit and six days of rent. WHY did she keep six days of rent? Because it took six days for her to receive the written, signed, certified letter from me. She's not counting from the day I told her, but is squeezing out as much money as possible. Sorry...I call that petty.

Problem is now that she's refunded half my money, the stakes are lower so this voids out the use of a lawyer because the lawyer would cost more than any money I'd get returned. Maybe this was her strategy? Maybe she contacted her attorney and this was his/her advice? According to the wording of the lease if it were a normal situation and I just bailed for the fun of it, not only should I lose my deposit, but also be responsible for rent until the space is re-rented. The problem with this logic is how easy will it be for her to re-rent a moldy, insect-infested house? She's going to have to find someone as blind as I am. I also know moldy landlady is very picky about who she wants living on her property, so she's not going to rent it to just anyone. Sending me a partial refund is a strategy rather than a lease stipulation. I think she knows she can't keep my money because she can't rent it again until she forks out lots of money to fix it, but she's hoping this partial refund will satisfy me. And I'll walk away.

Not hardly. So here is my next step: Research. Hey, that's what we pay lawyers to do although I know for a fact they are much better at it than I am. There are state laws to read, ordinances to understand, and regulations to interpret. Some states, like California, have mold disclosure laws so the landlord MUST disclose the presence of black mold. California is always way ahead of everyone. My state doesn't. We have a "mold information law." The landlords are required to tell you about mold. How incredibly useless and ridiculous. Still, there are state law codes that will help my situation and override the lease.

For instance, she failed to provide a rental space that is habitable. Instead, the rental has issues that would "endanger the health and safety of tenants" and according to the Center for Disease Control, the Environmental Protection Agency, my state laws and most intelligent people, mold is a health hazard. She also failed to provide a "reasonable program for the control of insect infestation". Therefore, moldy landlady is derelict in her duties as a landlord and is guilty of managerial negligence. She is not compliant with state laws. She'll be getting a letter from me highlighting the state laws in question, listing my rights to health and safety as a tenant, re-summarizing the situation in conjunction with my lack of fault and her irresponsibility, emphasizing her managerial negligence, and demanding my full refund.

I'm not going away without a fight. I'm tired of people thinking they can take my money and screw me over. If she played this game with five more people, she'd have enough money to remodel the whole building. If in response to my letter she seeks the advice of an attorney...cha-ching. It'll cost her.  To go to court she better be very certain she did comply with state laws, which she didn't. It would be cheaper and in her best interest to just give me back my money. It's not like she did anything to earn it.

Checkmate, Moldy Slumlord. You're move.

May 24, 2013

I gave her until May 26th to return my money. Why so much time? I have no idea. Why a Sunday? I have no idea. I must have picked some random day that sounded good. Again, she waited until the last minute to meet the deadline. Today I get a certified letter from the slumlord accusing me of trying to take advantage of her because she is in a wheelchair with a broken foot. How am I taking advantage of her? She has my money; I don't have hers! In the letter she says she's refunding the six days of rent she previously didn't refund, not because of any legal obligation, but because she feels sorry for me. She kept the deposit. If she feels sorry for me, then why not refund the deposit, too?  I'm never quite sure of her refund rationale.

As someone who is chemically sensitive, how do I take her to small claims court? What happens if the judge is wearing perfume? Or the court reporter? Do I walk out? Suppose the slumlord wears perfume? If I walk out, will I be fined? I know if I walk out the case may be ruled in her favor so then what choice do I have? How does the law work for the chemically sensitive if courtroom exposures may limit our participation? It's a system of discrimination.

I'm just so grateful I got out of there when I did! I'm so glad I never have to have any contact with this slumlord or her moldy house again. It has definitely been a learning experience and it only cost $490. Cheaper than going to college!

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.  

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!