Strong scents in the office cost Edmonds $515K in lawsuit

An employee said she was sensitive to fragrances, and that the city didn’t do enough to help her.

EDMONDS — A woman’s sensitivity to fragrances has cost the city of Edmonds $515,000.

Anne Johnson, who had worked with the police department as a clerk since May 2006, alleged that her employer didn’t make appropriate accommodations for her sensitivity to strong scents in the office. A three-year legal battle ensued. And then, in January, the city settled, with over half the money going toward attorney fees. In settling, the city denied any wrongdoing.

The city had been dismissive of Johnson’s allegations during court proceedings. Attorneys claimed Johnson never could specify what scents triggered her sensitivity, and she had done little in the way of formal testing to find out — other than allergy tests taken 40 years ago showing she reacted to formaldehyde and dust mites.

Johnson, who is in her 60s, reportedly couldn’t identify any chemicals that affected her beyond the hair products, lotions and other scented fragrances that people might use.

“There are so many,” she said, according to transcripts. “Not being a chemist, I don’t know all the names of everything. I just know when I have the reaction.”

In court papers, attorneys wrote that the city took “numerous affirmative and reasonable steps” to make accommodations. That included giving Johnson a fan and an air filter, cleaning and reworking the central HVAC, allowing her to take unscheduled breaks, work shorter shifts, and talk to employees who were the target of her complaints.

One time, Johnson raised concerns about a sergeant who used cologne; another time, a coworker who wore strong deodorant.

There was one employee who frequently triggered a reaction from Johnson, according to court papers. After an internal investigation, Johnson was reprimanded for her treatment of that coworker in an unrelated incident.

But Johnson argued that the city had all but ignored her requests for a fragrance-free zone, and ultimately, the other accommodations didn’t do enough to relieve her symptoms. According to a doctor’s note included in court documents, Johnson reported headaches, a stuffy nose, occasional wheezing, chest tightness and dizziness. She reportedly had to go home often due to illness.

Eventually, Johnson wrote in court papers, she “felt forced to resign” in October 2017 due to her employer’s inaction.

In a farewell email to her co-workers, she confirmed her exit was because of her ongoing issues with scents in the workplace.

“My health has been compromised and I need to take care of myself,” Johnson wrote.

On Thursday, Edmonds human resources director Jessica Neill Hoyson said the city has not implemented any fragrance-free policies in any of its buildings.

Zachariah Bryan: 425-339-3431; zbryan@heraldnet.com. Twitter: @zachariahtb.

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