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Employees With Scent Sensitivities: A Case Study

Many employees have sensitivities to fragrances found in the workplace. This can  lead to headaches, nausea and other symptoms that can hinder an employee’s ability to remain on the job. In this case study, Mary Lou Brady looks at a case involving scent sensitivity and gives tips to employers on preparing your workplace and working with the employees affected. Kovios v. Inteleservices Canada Inc., 2012 HRTO 1570 (CanLII)

Ms. Kovios applied for a call centre position at Inteleservices Canada Inc. (the “Company”). Like most call centres, the Company operates in a large open space with rows of cubicles. Approximately 200 employees work in that space at any given time.

Ms. Kovios has a scent and fragrance sensitivity1, which she disclosed to the Company during her interview and asked if this would be a problem. She was told that the Company has a fragrance-free policy; however, with such a large workforce and high staff turnover, there might not be full compliance with the policy at all times.

A few days later, Ms. Kovios attended a 3-day training session in a group of 9 trainees. Despite the fragrance-free policy:

In response, the manager suggested that Ms. Kovios complete her training by job-shadowing an employee in the call centre2 for the rest of the day.  Ms. Kovios did so for approximately 10 minutes, at which point she left the workplace, claiming that the call centre worker to whom she was assigned was wearing cologne. She felt nauseous, light-headed, unable to focus, and on the verge of a panic attack.

Ms. Kovios made an application to the Human Rights Tribunal of Ontario (“HRTO”), alleging discrimination by the Company and a failure to accommodate her disability by not enforcing its fragrance-free policy.3

Finding in favour of the Company that there was no violation of Ontario’s Human Rights Code, the HRTO noted the following:

Lessons for Employers


1 Of interest is the fact that Ms. Kovios claims to have scent “hypersensitivity” – affected by scents not detectable to others. Symptoms reported range from a tickle in her throat and/or a mild cough to severe bronchitis and headaches. Ms. Kovios further testified that, in order to be able to function in a workplace, it may need to be completely fragrance-free, including fragrances that are detectable to only her.

2 The manager testified that she could not smell any perfume or other scents in the large call centre area and, in particular, made sure that there was no obvious scent in the area near the chosen call centre employee.

3 Inteleservices’ fragrance-free policy is based on voluntary compliance. It is intended to restrict the use of noticeably scented products in the workplace – not the use of all scented products. Inteleservices has a history of developing individualized accommodation for employees with scent sensitivities, including such things as: (a) allowing the affected employee to go home with pay when a co-worker wears scents; (b) requiring such co-workers to wash off the scents and, if not possible, sending them home without pay; and (c) allowing the affected employee to work in any area where exposure to scents is minimized.

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