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    Migraine Community  Hop To Forum Categories  MyMigraineConnection  Hop To Forums  Archive of Long or Older Conversations    In the News... Woman sues over fragrance headaches at work
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MMC Lead Expert
Supreme Guru
Picture of Teri Robert
Posted
Here's a news story that will be near and dear to the hearts of Migraineurs who have had to endure Migraines at work that were triggered by coworkers who insist on wearing heavy fragances to work...

Susan McBride, a woman who works for the City of Detroit is suing for a ban on employees wearing perfume to work because of allergies to perfume that cause her headaches, nausea, and coughing so severe that she has to leave work.

Like many of us, McBride avoids perfume and detergent sections in stores and can't sit close to people on the bus or in movie theaters if they're wearing perfume...

Continue reading Woman sues over fragrance headaches at work.



Teri Robert
Lead Expert, MyMigraineConnection
terimmc@helpforheadaches.com

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The generally long periods of time between my Migraines are the result of working with a Migraine specialist to refine my preventive regimen. You can see my current regimen HERE.
 
Posts: 3655 | Location: West Virginia | Registered: 01-11-2007Reply With QuoteEdit or Delete MessageReport This Post
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Supreme Guru
Picture of dragondroolHOST
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It will be so interesting to see how this one turns out. You'll keep us posted if you see it before we run across it, right?



Dragondrool
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~~8=:>>>>
 
Posts: 4712 | Location: Montana | Registered: 01-11-2007Reply With QuoteEdit or Delete MessageReport This Post
Master
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I can’t believe some people are so callous and uncaring about the pain and agony they cause their fellow workers, or anyone for that matter. Maybe there could be a perfume zone next to the smoking zone?
 
Posts: 323 | Location: Auburn, WA | Registered: 06-28-2007Reply With QuoteEdit or Delete MessageReport This Post
Maven
Picture of newbattleaxe
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Not everyone is so callous. A fellow choir member is sensitive to perfumes, so none of us wear any. Betsy is too good a friend & too fine an alto to loose over something as simple as scents.
Oddly, scented lotions and cigarette smoke don't bother her.
Rebecca
 
Posts: 733 | Location: coastal South Carolina | Registered: 01-19-2007Reply With QuoteEdit or Delete MessageReport This Post
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Grand Wizard
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The last choir that I sang with(which I miss dearly!), had the rule "no perfumes, no lotions, no scented deodorants, etc ... 'cause while you may think you smell pretty, someone else may think you smell like an asthma attack."



quote:
Originally posted by newbattleaxe:
Not everyone is so callous. A fellow choir member is sensitive to perfumes, so none of us wear any. Betsy is too good a friend & too fine an alto to loose over something as simple as scents.
Oddly, scented lotions and cigarette smoke don't bother her.
Rebecca


Jamie
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Posts: 2399 | Location: north carolina | Registered: 01-12-2007Reply With QuoteEdit or Delete MessageReport This Post
Apprentice
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quote:
Susan McBride, a woman who works for the City of Detroit is suing for a ban on employees wearing perfume to work because of allergies to perfume that cause her headaches, nausea, and coughing so severe that she has to leave work.

OH PLEASE GIVE ME A BREAK!!!!!!

If she works in an office and/or some sort of office setting full of people, then I think she is WRONG for filing this law suit.

She knew what she was getting into when she took the job. Otherwise, she should have taken a job where she could have her own office or a job working outdoors.

That's like me suing "public transportation" and/or the FAA because of all the "smells" I can incounter that will give me migraines & the pressure on the airplanes that can cause migraines.

Personally, I would rather work in a purfumed filled office & take my preventive med(s) than a funky & smelly one that would make me for 8 hours. Roll Eyes

Just my personal opinion.......


OK, carry on.................... Razzer
 
Posts: 162 | Registered: 03-15-2007Reply With QuoteEdit or Delete MessageReport This Post
Maven
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MY HERO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Oh how I've wanted to do this!! I work in an office where they KNOW my sensitivity to perfumes and chemical smells, yet INSIST on bringing in more handlotions and more candles and more perfumes each week. I go from 0 to migraine in 3 minutes flat. Not enough time to take an abortive in time.

It is absolutely my worst trigger. No preventatives have been working for me for the last 8 months and even when they are working, a trigger is still a trigger. I became so infuriated with it that I "demanded" an office change for the fall. I just couldn't take it anymore. They were making me so sick that I couldn't work and I couldn't go to school anymore. I feel slightly bad for asking them to change their habits, but frankly, my health is more important than their vanicty.
 
Posts: 534 | Registered: 03-15-2007Reply With QuoteEdit or Delete MessageReport This Post
Maven
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Don't feel bad. Migraine is a disability. You just have to meet the criteria of the ADA & they must, legally, comply. Or, THEY can answer to the Feds!
Rebecca
 
Posts: 733 | Location: coastal South Carolina | Registered: 01-19-2007Reply With QuoteEdit or Delete MessageReport This Post
Master
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Unfortunately, I don't believe it is quite that easy. Migraines and headaches are not disabilities according to SS Admin definitions. Some of the results may cause a disability by their standards, but not headaches by themselves. The geniuses who wrote the legislation; being lawyers and/or having their campaigns supported by the trail lawyers association, wrote a full employment act for attorneys. Note: trial layers out spend the “gun lobby” by 10 fold and are in the top 3 lobbyist spending groups.

ADA enforcement is by civil litigation only. There is no one authority having jurisdiction who can say if anyone is in violation or compliance. Many states have passed standards, which if met, preclude civil suits being filed.

At least, such was the case a few years ago when I checked into ADA vs. safety regulations and rules by the state department of L&I and many general contractors liability insurance policies. As we have more and more non-producers mining society for assets, expect the situation to deteriorate. Unfortunately, the increasing number of “inconsiderates” and the law as it stands, most likely, left this poor woman no choice. Lots of people are not in a position to pick and choose their employers; they take what they can get. Fortunately, I am mostly able to avoid circumstances that are high trigger situations.

Hope she wins :-))) Bob
 
Posts: 323 | Location: Auburn, WA | Registered: 06-28-2007Reply With QuoteEdit or Delete MessageReport This Post
MMC Lead Expert
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Ummmmmmmmmm. Yes, Migraine disease and chronic head pain disorders ARE disabilities according to SS Admin definitions. In fact, people are granted SSD and SSDI based on such disabilities and those disabilities only. Also, Migraine by definition has symptoms other than headache.

I don't know as much about ADA enforcement, but I can tell you that an employer who is found in violation can be fined, and fined quite heftily. I don't think that comes about by civil litigation. There are online forms for filing ADA violation complaints.

This is from the DOJ's ADA site:
quote:
Through lawsuits and settlement agreements, the Department of Justice has achieved greater access for individuals with disabilities in hundreds of cases. Under general rules governing lawsuits brought by the Federal government, the Department of Justice may not sue a party unless negotiations to settle the dispute have failed.

The Department of Justice may file lawsuits in federal court to enforce the ADA, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title III, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation.

There's also information there about mediation of complaints.

I'm not sure where you got your information, but some of it isn't quite accurate.

quote:
Originally posted by Chronic HA:
Unfortunately, I don't believe it is quite that easy. Migraines and headaches are not disabilities according to SS Admin definitions. Some of the results may cause a disability by their standards, but not headaches by themselves. The geniuses who wrote the legislation; being lawyers and/or having their campaigns supported by the trail lawyers association, wrote a full employment act for attorneys. Note: trial layers out spend the “gun lobby” by 10 fold and are in the top 3 lobbyist spending groups.

ADA enforcement is by civil litigation only. There is no one authority having jurisdiction who can say if anyone is in violation or compliance. Many states have passed standards, which if met, preclude civil suits being filed.

At least, such was the case a few years ago when I checked into ADA vs. safety regulations and rules by the state department of L&I and many general contractors liability insurance policies. As we have more and more non-producers mining society for assets, expect the situation to deteriorate. Unfortunately, the increasing number of “inconsiderates” and the law as it stands, most likely, left this poor woman no choice. Lots of people are not in a position to pick and choose their employers; they take what they can get. Fortunately, I am mostly able to avoid circumstances that are high trigger situations.

Hope she wins :-))) Bob



Teri Robert
Lead Expert, MyMigraineConnection
terimmc@helpforheadaches.com

visit me on or


   
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The generally long periods of time between my Migraines are the result of working with a Migraine specialist to refine my preventive regimen. You can see my current regimen HERE.
 
Posts: 3655 | Location: West Virginia | Registered: 01-11-2007Reply With QuoteEdit or Delete MessageReport This Post
Master
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quote:
I'm not sure where you got your information, but some of it isn't quite accurate



I got it from 2 or 3 doctors and the Social Security Adminsitration as far as the headache disability.

The law regarding work place enforcements was from the WA State Dept of L&I. They told me all enforcement is through civil litigation and no authority in WA state had any authority to help employees under the ADA.

This is quite interesting to know, thank you verty much Teri! :-))

Take care, Bob
 
Posts: 323 | Location: Auburn, WA | Registered: 06-28-2007Reply With QuoteEdit or Delete MessageReport This Post
Master
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quote:
an employer who is found in violation can be fined, and fined quite heftily.



There are numerous agencies who fine employers for everything under the sun!
 
Posts: 323 | Location: Auburn, WA | Registered: 06-28-2007Reply With QuoteEdit or Delete MessageReport This Post
MMC Lead Expert
Supreme Guru
Picture of Teri Robert
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The disability information I have is based on successful determinations for SSI and SSDI. Guess those lawyers didn't know as much about it as they thought. I've actually seen a couple of Migraineurs approved for disability benefits based on Migraine on their first try, without appeal.

Hmmmmmmmm. Gotta wonder about the WA Dept. of L&I. Unless I was misunderstanding it, the ADA site was pretty clear that they can and do take action.

quote:
Originally posted by Chronic HA:
I got it from 2 or 3 doctors and the Social Security Adminsitration as far as the headache disability.

The law regarding work place enforcements was from the WA State Dept of L&I. They told me all enforcement is through civil litigation and no authority in WA state had any authority to help employees under the ADA.

This is quite interesting to know, thank you verty much Teri! :-))

Take care, Bob



Teri Robert
Lead Expert, MyMigraineConnection
terimmc@helpforheadaches.com

visit me on or


   
Want this badge?                   Want this badge?




The generally long periods of time between my Migraines are the result of working with a Migraine specialist to refine my preventive regimen. You can see my current regimen HERE.
 
Posts: 3655 | Location: West Virginia | Registered: 01-11-2007Reply With QuoteEdit or Delete MessageReport This Post
MMC Lead Expert
Supreme Guru
Picture of Teri Robert
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As well they should be in cases such as this one. No, it's not a perfect system, but at least we have more protections than we used to.

quote:
Originally posted by Chronic HA:
There are numerous agencies who fine employers for everything under the sun!



Teri Robert
Lead Expert, MyMigraineConnection
terimmc@helpforheadaches.com

visit me on or


   
Want this badge?                   Want this badge?




The generally long periods of time between my Migraines are the result of working with a Migraine specialist to refine my preventive regimen. You can see my current regimen HERE.
 
Posts: 3655 | Location: West Virginia | Registered: 01-11-2007Reply With QuoteEdit or Delete MessageReport This Post
Forum Moderator
Grand Wizard
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Well, I'm glad that the information about SSI and SSDI has been cleared up!

It's good to know that that option is out there for those who need to avail themselves of the resources.


Jamie
Forum Moderator


 
Posts: 2399 | Location: north carolina | Registered: 01-12-2007Reply With QuoteEdit or Delete MessageReport This Post
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    Migraine Community  Hop To Forum Categories  MyMigraineConnection  Hop To Forums  Archive of Long or Older Conversations    In the News... Woman sues over fragrance headaches at work

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