Sensitivity To Smell Not A Disability, 5th Circ. Rules

Law360, New York (February 11, 2013, 2:01 PM EST) -- Applying case law that was explicitly overruled by Congress in 2008, the Fifth Circuit found Friday that a Texas prison employee who was allergic to scented candles didn't qualify for protection under the Americans with Disabilities Act.

The appeals court agreed with a lower judge that while Tina Milton’s sensitivity to perfumed odors may have caused her discomfort and inconvenience, it didn't rise to the level of disability covered by the federal statute and didn't require accommodation by the Texas Department of Criminal Justice.

“Her disability...
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