Her Scent

[Professor]

Jury selection begins in case to decide if wearing perfume violates Disabilities Act
By Nancy Moore
Gazette Staff Reporter

Jury selection is expected to begin today in the $1 million lawsuit by a former employee of the
Gaston County Library.

Patti Jordan claims Gaston County violated the Americans with Disabilities Act by not
accommodating after she complained a co-worker’s perfume aggravated her asthma.

The lawsuit is in U.S. District Court in Charlotte.

In court records, the county disputes Jordan’s health problem as being a disability covered by the
ADA. The documents also state the county tried to address Jordan’s health concerns.

County officials refuse to talk publicly about the case, although commissioners have discussed it in
closed session.

Jordan worked as a library clerk in the circulation department from April 22, 1998, until Dec. 27,
2000. She is seeking $500,000 in actual damages, including lost wages and benefits and emotional
stress and mental anguish. She’s also seeking at least $500,000 in punitive damages.

In the lawsuit, Jordan states she has had asthma since 1985 or 1986 and uses an inhaler daily. She
was hospitalized in 1990 for breathing problems.

Jordan claims her health grew worse in the fall of 1998, and blames a co-worker’s use of perfume
and hand lotion.

She said the aromas caused "coughing and gagging requiring her to miss time at work and to limit
her work hours."

In a deposition last year, Jordan said she complained about her co-worker’s hourly use of perfume
and lotion to her immediate supervisor, Barbara Daniels, and Assistant Director Laurel Hicks.

According to Daniels’ deposition, Jordan was not the only one to complain. Other library
employees reported having "headaches due to the strength" of the perfumes, Daniels said.

In March 2000, the documents state, Daniels met with the two women to discuss the problem. But
the talk didn’t resolve the matter. Jordan’s co-worker said she had a right to wear perfume, which
she used as "aroma therapy."

The library changed the work schedule to reduce the time the women spent together. Jordan asked
for but did not receive a transfer.

According to the court records, Jordan previously received a settlement from a private employer for
a back injury.

You can reach Nancy Moore at (704) 869-1829.






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