Accommodating Scent Sensitivities - Employer/Employee Obligations
Recently, the British Columbia Human Rights Tribunal considered what steps were sufficient to accommodate an employee who complained of scent and dust allergies. The teacher, Ms. Andruski, alleged that her employer school board failed to provide a scent free environment and was, therefore, discriminating against her based on her disability.
The school board took steps to accommodate. Specifically, it created an exposure control plan which allowed Ms. Andruski to take steps to reduce her reactions including leaving the workplace when necessary. Additionally, the board communicated to both parents and students about the issue, it placed signage in the school, it filled the soap dispensers with scent-free soap and it had the carpet removed from Ms. Andruski's classroom. These steps failed to solve the problem and on several occasions, in cold weather, Ms. Andruski had moved her students and their desks outside the classroom in attempts to reduce her reactions.
You have to wonder what else the board could have done. It seems that in this situation the school board did everything reasonably possible to improve the situation.
The Tribunal dismissed Ms. Andruski's complaint. An employee is entitled to reasonable accommodation, not perfect accommodation. Additionally, the employee is obligated to cooperate with creating an accommodation plan.
The Lesson: Perfection is not required in accommodation. Both sides should work together to attempt to resolve the situation. However, since perfection is not required, a perfect solution may not be obtained.
Andruski v Coquitlam School District et al, 2015 BCHRT 74 http://www.canlii.org/en/bc/bchrt/doc/2015/2015bchrt74/2015bchrt74.html
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