Pulmonary Disease Discrimination Lawsuit

On September 4, 2009, the U. S. Equal Employment Opportunity Commission (”EEOC”) announced filing of a federal disability discrimination lawsuit against a company for allegedly refusing to accommodate a pharmacy worker with chronic obstructive pulmonary disease, known as COPD, and severe allergic reactions to cosmetic fragrances.  See, http://www.eeoc.gov/press/9-4-09.html .  EEOC attorneys filed the lawsuit under the Americans With Disabilities Act, charging that the company denied the request of an employee with COPD that her co-workers in the pharmacy be asked not to wear fragrances, such as cologne and after-shave, while working in the pharmacy with her.  According to the Press Release, the employee required the use of supplemental oxygen from a portable tank at work, and once passed out in the workplace and was taken to a hospital by ambulance because of a severe allergic reaction to a co-worker’s fragrance.