# 159

II-3.6000
III-4.2100                              February 16, 1995








XXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXX
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Dear Mr. XXXXXXXX:

     This is in response to your letter regarding the Americans
with Disabilities Act (ADA).  You have asked whether the ADA
would require medical care providers to require their employees
to refrain from wearing fragrances when they are providing
services to a person who has multiple chemical sensitivities.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act.  Pursuant to that authority,
this letter provides informal guidance to assist you in
understanding the ADA.  However, this technical assistance does
not constitute a legal interpretation of the statute, and it is
not binding on the Department.

     A medical care facility, such as the University of
Cincinnati Medical Center, may be covered under either title II
or title III of the ADA.  Title II prohibits discrimination on
the basis of disability by State and local government entities. 
Title III prohibits such discrimination by places of public
accommodation and commercial facilities.

     Both title II and title III require covered entities to make
reasonable modifications to policies, practices, and procedures
when such modifications are necessary to avoid discrimination
against persons with disabilities.  Use of fragrances is usually
a matter of personal choice by individual employees, rather than
a business or employment policy.  In most circumstances, it would
not be "reasonable" to require an employer to regulate such
personal choices by its employees. 

     I hope this information is helpful to you and fully responds
to your inquiry.

                                      Sincerely,




                                   John L. Wodatch
                                        Chief
                                Public Access Section