Worker claims allergic reaction to perfumes, cleaning products, citing itchy eyes, throat irritation and headaches
Distributed Power Canada discriminated by refusing remote work for a scent-sensitive employee, according to vice-chair François Henrie in a ruling on Oct. 21.
The Human Rights Tribunal of Ontario found the company took several accommodation steps but failed at the critical point - when a physician said the worker was unfit to return unless she could work from home.
The tribunal described the employer’s position as “more akin to a business inconvenience,” not undue hardship under Ontario’s Human Rights Code.
The worker started with Distributed Power in February 2019 at a new facility in Welland, Ont. She had disclosed her scent sensitivity during the interview process. Within a month, she began reporting allergic reactions to chemical scents in the building - from perfumes worn by colleagues to Lysol wipes used for cleaning.
Her symptoms escalated over time, including itchy eyes, throat irritation and headaches. On one occasion, she was observed with high blood pressure at a walk-in clinic. A nurse employed by the company confirmed the episode in a September 2019 email.
The company took a series of steps. It sent a building-wide reminder about its scent policy, confirmed cleaning products were unscented, installed scent-free signage at the main entrance, ordered an air purifier, moved the worker to four different spaces in...
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