MCS May Be Recognized as a Disability
Both the US Department of Housing and Urban Development (HUD) and the Social Security Administration (SSA) have recognized MCS, in some cases, as a disabling condition. People with MCS have won several Workers Compensation cases. A recent human-rights lawsuit in Pennsylvania established the right of an affected person to safe living space in subsidized housing. Both the Maryland State Legislature and New Jersey State Department of Health have commissioned studies of MCS. The NJ study provides an excellent overview of medical and legal issues related to MCS. Whether MCS will be considered as a disability in an individual case may depend on the nature and severity of the symptoms, the rules of the administrative agency and the law in that particular state or federal judicial circuit.
Just as physical barriers prevent wheelchair access, chemical use can prevent entry and use of public facilities to those with MCS. The Americans with Disabilities Act (ADA) protects people with disabilities from many types of discrimination, requiring reasonable accommodation for people with disabilities. MCS may be considered a disability under the ADA depending on the nature and severity of the symptoms and their impact on the individual's abilities to perform major life activities. Reasonable accommodations can enable people with MCS to enjoy access to work, public facilities and other settings. Whether an individual developed MCS at work or was already sensitized prior to employment, the right to a safe workplace must be established.

Injured workers who need Workers Compensation or Social Security Disability benefits should find a physician who can diagnose MCS and who will support legitimate claims. Establishing clear documentation is critical in awarding such a claim, as well as for gaining reasonable
accommodation at work or for rental housing. If your employer is discriminating, do the following:
• get your condition diagnosed
• if you work in a unionized workplace, consult with your union about filing a grievance or taking legal action
• file a complaint with the Equal Employment Opportunity Commission or State Civil Rights or Human Rights Agency or Commission
• seek legal counsel
• join a support group

For further assistance, contact a worker health-resource group or support group in your area, as well as other organizations listed at the end of this fact sheet. These cases can be difficult and take a long time, but they can be resolved.
Similarly, if you have been injured on the job, find an attorney experienced with chemical exposure cases in the Workers Compensation system or personal-injury claims. You will not need to pay your attorney up front. Your attorney receives a percentage from the settlement if you win. It typically costs you nothing if your case is unsuccessful. To find an attorney, consult your union or one of the organizations listed below to obtain referrals. Select your attorney carefully. Remember, you should trust and feel comfortable with him or her.

Sitemap