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MacLean v. State8/2/1999
eived an accommodation for respiratory difficulties by being relocated to a room in a court building across the street. A few days later, MacLean specifically informed Jerry Bowman, her immediate supervisor, about her respiratory problems and the symptoms she had experienced during the sewer gas leak earlier that month. When MacLean requested the same accommodation that Bowman had given Della Hoffa, he told MacLean that calling attention to herself could result in the elimination of her position.
In May 1995, MacLean consulted with her doctor because of her chronic asthma, severe shortness of breath, and pain in her lungs. In late June, she informed Bowman that she had received a letter from her allergist that outlined her problems with the Education building's air quality, and again requested an accommodation. Bowman again responded that it would be unwise to call attention to herself in that way, and stated, "'This is a sick building. We all suffer here. What's so special about you?'" In late July, MacLean once again discussed her respiratory problems with Bowman, who took no action.
In mid-October 1995, MacLean provided another Department supervisor with a letter from her doctor dated June 22, 1995, which stated in part:
"Diane MacClean is a patient of mine and has been treated for allergic rhinitis and recently has had some problems with reactive airway disease causing her pulmonary function studies to reveal bronchodilation following a small volume nebulizer treatment where a pulmonary function study was repeated showing good response."
"She has had a Maxair inhaler which has been used from time to time and, a visit to our clinic in May of 1995, pulmonary function studies did reveal reactive airway disease (asthma) brought on by her work environment. She appears to do very well at home on the weekends, and when she is out travelling visiting various schools in the work place; however, when she returns to her main office, there has been a problem with irritation of her lungs, cough, sore throat, fatigue and respiratory complaints."
"In view of the fact that the patient is worsened by exposure to that building, it may be in fact, she suffers from the so-called sick building syndrome, in which any number of different chemicals, odors, etc., can trigger patients that have reactive airway disease and to have significant problems.
Accordingly, I would like to request at this time that the patient be allowed to work in a building across the street where she does not suffer any ill effects and could still perform her same job in the work place."
The Department's Human Resources Manager, Debra Jackson, requested additional information from MacLean, who responded in a memorandum dated October 30, 1995:
"The medical diagnosis is in the fourth paragraph of Dr. Hellmers' letter of June 22, "sick building syndrome." If I am housed in a building with a ventillation system that works properly to take in fresh air, filter it, and circulate it throughout the building, I am symptom free. For example, when I am at Metrotech or the Courts Building for several hours, I am fine. When I have been in this building for several hours, I exhibit the symptoms of an allergic person with asthma--burning eyes, headache, fatigue, coughing, sniffling, sneezing, and wheezing."
"To date, I have been assigned to three different offices in the building. All three cause the same set of symptoms.
I compensate for the reduced efficiency caused by long stretches of time in the office by working in my home office, outside of regular working hours. I purchased a new computer with Word for Windows 6.0. Since
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