Is building owner required to accommodate multiple chemical sensitivity?

This problem is not with my employer, but with the owner of the building my employer leases. I am disabled and suffer from Multiple Chemical Sensitivity (MCS) and got word that new carpet would be installed in the hallway on our floor. I explained to the manager that I could not work if that type of carpet were installed, and asked if they would try and find a non toxic brand instead. I took a letter from my doctor which spelled out in simple terms that exposure to the type of chemicals in carpets would be hazardous and could cause permanent damage to my body. They installed the carpet 10 months ago and I am still unable to work in the building. I need to know where to look for case law or examples to see what I can do.

Rita Risser's response:

The Americans with Disabilities Act (ADA) has two relevant provisions, the employment section (Title I) and the public accommodations section (Title III).

The first question to be answered is whether you are a "qualified person with a disability" such that you are protected under the ADA. Not all disabilities are protected. Specifically, you are protected only if the disability prevents you from working in a large class of jobs. In this case, you are only prevented from working on that floor in that building. Although it may seem unfair, I believe a court would say that you are not protected by the employment provisions of the ADA. But if you are considered disabled, you do have a broad range of rights as described below.

Is the building owner required to accommodate you? This is a complex question, and you should contact a local attorney, but here are some excerpts from the Technical Assistance Manual put out by the Department of Justice.

Both the landlord and the tenant are public accommodations and have full responsibility for complying with all ADA title III requirements applicable to that place of public accommodation.

III-4.4100 General. Public accommodations must remove architectural barriers and communication barriers that are structural in nature in existing facilities, when it is readily achievable to do so.

What is an architectural barrier? Architectural barriers are physical elements of a facility that impede access by people with disabilities. These barriers include more than obvious impediments such as steps and curbs that prevent access by people who use wheelchairs.

III-6.1000 General. If an alteration in a place of public accommodation or commercial facility is begun after January 26, 1992, that alteration must be readily accessible to and usable by individuals with disabilities in accordance with ADA Accommodation Guidelines (ADAAG) to the maximum extent feasible.

ILLUSTRATION 1: Flooring in a store is being replaced. This is an alteration because it can affect whether or not an individual in a wheelchair can travel in the store. The new floor must comply with, for example, ADAAG requirements for a non-slip surface or with the ADAAG carpeting requirements, if applicable.

For more information, go to the Technical Assistance Manual or to the ADAAG.

A good overview can also be found here.

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