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Who Enforces Laws Prohibiting Discrimination Against Workers with Chemical Sensitivities?


QUESTION:

I have found there is rampant discrimination in workplaces these days, especially against people who have multiple chemical sensitivity (MCS). The Americans With Disabilities Act was intended to cease this discrimination. I have filed several ADA complaints with the Department of Justice, but it has not pursued them. Is it worth my time and money filing my discrimination claim in the United States District Court?

ANSWER:

Maybe the reason that dog won't hunt is that you are barking up the wrong tree. The ADA is enforced by the Equal Employment Opportunity Commission, not the Department of Justice. You should file your complaint at the EEOC office nearest to where you work or used to work. Call 800-669-4000 for assistance in locating that office. You can also log onto the EEOC website at http://www.eeoc.gov for a list of offices and for information on how to file a complaint.

I'm not familiar with the ins and outs of proving MCS discrimination, but you should know that to bring an ADA claim, you will have to show that you have a disability that substantially limits a major life activity -- breathing freely, for example. You can do lots to help your own cause by thinking of specific things your employer could do make it possible for you to do your job: limiting others' use of perfumes or other fragrances in the workplace, for example. If you're stumped about possible changes you and your employers could make so that your disability would not hinder your work performance, contact the Job Accommodation Network at 800-232-9675, or on the Web at http://www.jan.wvu.edu.

Copyright 2006 Nolo

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