My employee says she has a fragrance sensitivity issue and is demanding that I purchase unscented products for our cleaning service. Do I have to accommodate her?

For California employers, who are subject to both the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), an employee has a disability if they have a physical or mental impairment that limits one or more of the major life activities, a record of such an impairment, or is regarded as having an impairment. The definition of a disability is broader under FEHA than under the ADA.

Neither the ADA nor FEHA contain a definitive list of medical conditions that constitute disabilities. Therefore, the issue of whether an employee has a disability will be determined on a case-by-case basis.