Legal Issues & Disability Rights
MCS and Disability and the ADA http://www.lectlaw.com/filesh/csl01.htm (Very helpful)
DR. GRACE ZIEM’S ENVIRONMENTAL CONTROL PLAN FOR CHEMICALLY INJURED PATIENTS http://www.mcsrr.org/resources/articles/S3.html
MCS Recognition http://mcs-america.org/index_files/MCSRecognition.htm
Legal Links http://www.mcslegalhelp.com/
Social Security Administration DI 24515.064 Evaluation Of Specific Issues — Environmental Illness (1996) https://secure.ssa.gov/apps10/poms.nsf/lnx/0424515064!opendocument
IME Independent Medical Exams Know Your Rights http://www.chemicalinjury.net/html/ime__independent__medical_exam.html
Meeting the Independent Physician for Disability Evaluation http://www.eiwellspring.org/ei/MeetingTheIndependentPhysician.htm
Ontario Disability and Human Rights http://www.ohrc.on.ca/en/disability-and-human-rights
Americans with Disability Act National Network http://adata.org/
U.S. Department of Education http://www.ed.gov/policy/speced/guid/rsa/im/2002/im-02-04.pdf
Environmental Health Network http://www.ehnca.org
The CDC and MCS http://lindasepp.wordpress.com/2012/04/15/the-cdc-and-mcs/
(US) Housing and Urban Development MCS Statement http://fairhousing.com/include/media/pdf/mcsd.pdf and http://www.hud.gov/offices/adm/hudclips/lops/GME-0009LOPS.pdf
US Department of Housing and Urban Development (HUD)
Office of Fair Housing and Equal Opportunity
Request the MCS Information Packet, which includes citations and descriptions of helpful recent legal decisions regarding safe housing.
(US) Access to Housing: A Legal Right of the Disabled http://www.freeadvice.com/law/government_law/civil_rights_law_ada/disabled-housing.htm
HUD Guide to Fair ADA Housing http://www.hud.gov/offices/fheo/library/fhsymposium.pdf
MCS Legal http://www.ctaz.com/~bhima/legal.htm
A Guide to Disability Rights Law http://www.ada.gov/cguide.htm
ADA Guide for Small Towns http://www.ada.gov/smtown.htm
Job Accommodation Network http://www.askjan.org
Advocacy for Patients with Chronic Illnesses http://www.advocacyforpatients.org/
MCS- America http://www.mcs-america.org/
Chemical Injury Information Network http://ciin.org/library.html
(Canada) Centre for Equality Rights in Accommodation http://www.equalityrights.org/cera/?page_id=674
Invisible Disabilities Association http://www.invisibledisabilities.org/
Legal Services http://planetthrive.com/2009/07/legal-services/
Environment and Human Rights http://www.environmentandhumanrights.org/
Legal Help http://www.mcslegalhelp.com/
Buy Packs from The Chemical Injury Information Network (CIIN) “Due to copyright and/or tax considerations, you must be a member of CIIN before ordering materials” http://ciin.org/library.html Membership for fixed income is $15/yr http://ciin.org/member_online.html
The Chemical Injury Information Network (CIIN) is building a library of legal documents and federal government recognition documents to aid chemically injured people with chemical sensitivities in their legal efforts for recognition, accommodation, and fair compensation. Some Packs include medical studies (see individual Pack descriptions). When medical studies are included, they are studies that have been published in well-established peer-reviewed medical journals. Unless otherwise noted, these information packs are set up so the documents do not overlap from one pack to the next. If the packs contain documents that are also listed in the Environmental Access Profiles: List of Back Issues, then those profile documents are noted in the description by their profile number abbreviated as “P.” (Full profile listings are in the Environmental Access Profiles).
AMERICANS WITH DISABILITIES ACT:
This pack contacts Federal agency government documents which recognize multiple chemical sensitivities (MCS) as a legitimate disability under the Americans with Disabilities Act (ADA). The entities include The entities include the US Dept. of Justice, the US President’s Committee on Employment of People with Disabilities, the US National Council on Disability, the US Dept. of Housing and Urban Development (#P11 and its corresponding document), and the US Equal Employment Opportunity Commission (EEOC). In addition, it has a legal review of how the ADA can best be used to protect the rights of MCS sufferers.
Order No.: 0158-CIIN-xx-055 Cost: $14.75
US FEDERAL AGENCIES RECOGNITION:
This pack contains Federal agency government documents which recognize multiple chemical sensitivities (MCS) as a legitimate disability under the Americans with Disabilities Act (ADA) and other legislation. The entities include the US Dept. of Justice, the US President’s Committee on Employment of People with Disabilities, the US National Council on Disability, the US Dept. of Housing and Urban Development (#P11 and its corresponding document), and the US Equal Employment Opportunity Commission (EEOC). Also included is a favorable legal de-termination by the EEOC for a workplace accommodation case on behalf of a patient with MCS.
Order No.: 0146-CIIN-xx-044 Cost: $12.00
For the above pack without #P11 and the HUD document:
Order No.: 0146-CIIN-xx-022 Cost: $6.50
US SOCIAL SECURITY DISABILITY:
This pack contains four Social Security case decisions that were favorable for patients with multiple chemical sensitivities, as well as a copy of the US Social Security Administration’s official policy statement recognizing MCS as a legitimate disability under the term “Environmental Illness,” and a court-ordered SSA memorandum recognizing MCS.
Order No.: 0147-CIIN-xx-060 Cost: $16.00
US FAIR HOUSING ACT:
Contains two legal case final decisions ruling that the plaintiffs’ MCS must be accommodated under the Fair Housing Act and the US Dept. of Housing and Urban Development recognizes MCS (#P11) as a disability which must be accommodated under the Fair Housing Act:
Order No.: 0145-CIIN-xx-087 Cost: $22.75
Contains fifteen legal case final rulings favorable to plaintiffs’ with multiple chemical sensitivities caused by workplace-related chemical exposures. These decisions prove that various state workers’ compensation systems around the country are recognizing MCS as a legitimate disability that should be compensated.
Order No.: 0148-CIIN-xx-195 Cost: $49.75
WORKERS’ COMPENSATION MEDICAL TREATMENT COVERAGE:
This pack is comprised of three of the favorable Workers’ Compensation legal case decisions (from the above “Workers’ Compensation Pack”) which specifically address payment for medical treatments for patients with MCS under workers’ compensation insurance policies.
Order No.: 0148-CIIN-xx-073 Cost: $19.25
STATE GOVERNMENT AGENCIES RECOGNITION:
This pack contains state government documents which recognize MCS as a legitimate disability which should be recognized and accommodated. Includes documents from the Washington state Governor’s office; the California state Attorney General’s office; the California Energy Commission; the New Mexico Energy, Minerals and Natural Resources Department; the Connecticut Governor’s Office, and the New Mexico Governor’s Office. Includes three state governor’s proclamations of “Multiple Chemical Sensitivity Awareness Week.”.
Order No.: 0146-CIIN-xx-013 Cost: $4.25
LOCAL AUTHORITIES RECOGNITION:
This pack contains four documents stating the official policy of MCS recognition and accommodation by the California cities of Oakland, San Francisco, Santa Cruz, Santa Clara, Berkeley, and also the Chicago Transit Authority.
Order No.: 0146-CIIN-xx-033 Cost: $9.25
ENVIRONMENTAL TOBACCO SMOKE ACCOMMODATION:
These documents are additional documents not included in the “US Federal Agency Recognition Pack” (which also specifically addresses accommodation for tobacco smoke sensitivity). This ETS Accommodation Pack includes a successful legal case under the Fair Employment and Housing Act and the Rehabilitation Act against an employer, and an article published by the American Medical Association urging doctors to aid patients in seeking accommodations, a successful legal case under the ADA for public accommodation in a restaurant, and toxicology book excerpts listing the numerous hazardous chemicals in tobacco smoke and the adverse health effects of those chemicals.
Order No.: 0212-CIIC-xx-041 Cost: $11.25
“Legal Actions and Voluntary Accommodations of Chemical Sensitivity in Schools” is included in this pack. (The article is referenced with numerous medical studies and other pertinent documents which, if desired, can be ordered with the order form at the back of the newsletter.) Also included in this pack is the National PTA’s position statement against the use of pesticides in schools, a legal case won on behalf of a student chemically injured during a science lab, and the Halton Board of Education “Environmental Hypersensitivities Resource Document” and student accommodation plan, two other school accommodation plans, and accommodation and recognition policies for Evergreen State College, the U. of Minnesota Disability Services, and the New Mexico Dept. of Education..
Order No.: 0123-CIIN-xx-074 Cost: $19.50
HOSPITALS AND MEDICAL FACILITIES ACCOMMODATION:
This pack includes the official chemical sensitivity accommodation policies of two hospitals, a report by the New York State Dept. of Law Attorney General’s office warning of the hazards of pesticide use in hospitals and recommending that nontoxic alternatives be used for pest control (with examples of successful hospital pest control programs utilizing alternatives to pesticides). Also included are the two back issues of Medical & Legal Briefs from the series on hospital hazards and accommodations (Vol. 1 No. 6 and Vol. 2 No. 1). The extensive hospital articles are referenced with numerous medical studies and other pertinent documents which, if desired, can be ordered with the order form at the back of the newsletter.
Order No.: 0218-CIIN-xx-047 Cost: $12.75
This pack includes the “best” of the medical studies that address perfume hazards other than skin problems (6 studies), including the toxicology study by Anderson Labs. It also includes the extensively researched and referenced three-part series on “Perfume Toxicity, Sensitivity, Accommodation and Disability” published in Medical & Legal Briefs (Vol. 4 No. 1, Vol. 4 No. 2, and Vol. 4 No. 3). The articles contain a complete medical and legal review to date. If desired, the medical studies and other documents summarized in the series can be ordered with the order form at the back of the newsletter.
Order No.: 0216-CIIN-xx-060 Cost: $16.00
This pack provides an overview of this ubiquitous chemical. Includes toxicology book excerpts listing the numerous building and consumer products that contain formaldehyde, a US Dept. of Housing and Urban Development final rule which warns some people are especially sensitive to formaldehyde and that no safe exposure level can be established for those people, a health department fact sheet, a US Consumer Product Safety Commission Consumer Alert, a legal case won on behalf of a doctor who became sensitized to formaldehyde and therefore aldehyde compounds (also included in the Workers’ Compensation Pack), and three medical studies.
Order No.: 0260-CIIN-xx-055 Cost: $14.75
For the above Pack without the workers’ comp case:
Order No.: 0260-CIIN-xx-040 Cost: $11.00
OBJECTIVE EVIDENCE OF INJURY:
In order to win a case in court, the chemically injured plaintiff must have objective evidence of injury. Just stating that a person has MCS or is sensitive to chemicals is not enough if evidence of impairment isn’t provided along with that claim. This is why objective medical testing is so important in these cases. The more evidence of injury, the more convincing the case. There are numerous medical studies address-ing the various tests that are providing objective evidence of injury in patients with chemical sensitivities. This pack provides a select overview of those studies taken from the “Environmental Access Profiles List of Back Issues.” (See that list for a more extensive compilation.) This selection includes the choice of ordering only the profiles, or ordering both the profiles and their corresponding medical studies. The profiles provide the full reference and concisely summarize the studies, pull out the main quotes, and show how the information can be used. When ordered along with their corresponding studies, the price of each profile is reduced to only 25¢. This Pack includes P8, P16, P17, P18, P19, P20, P24, P25, P33, P35, P44, P50, P53 and the corresponding medical studies to the preceding profiles. Also included is a list of Mayo Clinic lab tests that can be conducted by mail from anywhere in the US mainland and parts of Canada.
For the Profiles only:
Order No.: 0133-CIIN-xx-028 Cost: $8.00
For the Medical Studies, Profiles, and Mayo List:
Order No.: 0113-CIIN-xx-216 Cost: $55.00
COUNTERACTING PSYCHOLOGICAL CLAIMS AS ETIOLOGY FOR MCS:
The most essential way to counteract claims that a patient’s illness is psychologically induced is through objective evidence of injury (see Objective Evidence of Injury Pack). Beyond that, this pack contains articles and studies by a clinical psychologist at Johns Hopkins University. These studies evaluate the anti-MCS studies (including Abba Terr’s) and find them all to be seriously flawed, and explain why the commonly used psychological test, the MMPI, is not an appropriate test for patients with chemical injury/MCS because it automatically scores physical symptoms as psychological. These articles are also found as P1, P34, and their corresponding studies in the Environmental Access Profiles: List of Back Issues.
Order No.: 0112-CIIN-xx-039 Cost: $12.75
Abba Terr is well known for his anti-MCS bias in his studies and expert witness work. Because some of these items are also found in other packs and ordering lists, the Terr documents are available separately as listed below (see also the Counteracting Psychological Claims Pack): Terr deposition where under oath he states, “You get me out of my area if you ask me about toxic chemicals. I’m an allergist.” Government report discrediting Terr (P7 and its corresponding report:
Order No.: 0172-TERR-xx-069 Cost: $18.75
Four Abba Terr depositions. The one listed above, plus the Terr deposition where under oath he admits that the patients in his workplace study were referred by em-ployers and insurance companies who paid him for his opinions in their fights against the workers’ compensation claims.
Order No.: 0172-TERR-xx-168 Cost: $43.00
All of the above material, plus a Workers’ Comp case in which judge describes how Terr has discredited himself for the case (also included in the Workers’ Compensation package):
Order No.: 0172-TERR-xx-447 Cost: $112.75
INADEQUATE EXPOSURE STANDARDS:
This pack includes 4 medical studies that examine the medical literature and the process whereby the government set up its legal workplace exposure standards for chemicals. The studies compare the current government and professional standards with actual workplace poisoning events and worker symptoms that have occurred at exposure levels well below those standards. Together they provide overwhelming evidence that the current legal exposure limits are not adequate to protect workers, and instead were set up according to what levels were economically feasible for industry.
Order No.: 0157-CIIN-xx-059 Cost: $15.75
Dursban (Chlorpyrifos) is one of the most commonly used pesticides and is respon-sible for a plethora of poisonings. EARN has a tremendous number of documents on Dursban. This pack includes some of the best: Seven EPA documents including a 1989 EPA internal memo warning that because of unusual hypersensitivity reactions the public shouldn’t be exposed to it, EPA’s charges against Dow for failure to report poisonings and the resulting consent order, EPA reports investigating chronic symptoms from Dursban poisonings (including MCS), EPA’s recom-mendations and letter to Dow requesting warning label changes and dramatic cutbacks in allowable usages to reduce public exposure, 4 medical studies providing an overview of hazards (including MCS), a health department fact sheet, and the final decision on 3 successful legal cases, two of which involved rulings on the admissibility of the plaintiff’s medical expert.
Order No.: 0252-CIIN-xx-228 Cost: $58.00
PESTICIDE SECRET “INERT” INGREDIENTS PACK:
Trade secret “inert” ingredients – which are not biologically inactive and typically involve highly toxic solvents – comprise the major portion of pesticide formulations (including insecticides, herbicides, fungicides, etc.). This pack includes a landmark precedent-setting legal case (by the Northwest Coalition for Alternatives to Pesticides and the National Coalition Against Misuse of Pesticides) against the EPA in which the judge ruled EPA must provide the identities of the bulk of the “inert” ingredients for requests under the Freedom of Information Act (FOIA). Also included is a sample FOIA request, and a New York Attorney General’s report listing common toxic “inert” ingredients and their hazards.
Order No.: 0008-CIIN-xx-046 Cost: $12.50
Includes three medical studies, a consumer alert put out by the New York State Department of Law, Attorney General’s office, a referenced series of investigative articles, and two successful legal cases: one for toxic carpet exposure in the workplace, and a product liability suit.
Order No.: 0226-CIIN-xx-076 Cost: $20.75
COUNTERACTING RONALD E. GOTS:
Court arguments against MCS are increasingly relying on the misinformation put out by Ronald Gots and his corporate-funded industry front organization the Envi-ronmental Sensitivities Research Institute (ESRI) which seeks to pass itself off as an independent entity. This pack contains relevant excerpts from Chemical Exposures: Low Levels and High Stakes, Second Edition (Ashford & Miller, Van Nostrand Reinhold) which expose Gots’s flaws, including the misinformation ESRI put out on the World Health Organization after the 1996 Berlin Workshop. This pack also includes a published workers’ comp court case in which the judge discounted Gots’s testimony which include the claim that multiple chemical sensitivities do not exist. The “Counteracting Psychological Claims Pack” and the “Objective Evidence of Injury Pack” in this listing are also relevant for counteracting Gots.
Order No.: 0173-CIIN-xx-028 Cost: $8.00
DAUBERT AND ADMISSIBILITY OF CLINICAL EVIDENCE PACK:
This pack contains a Supreme Court petition, two Medical & Legal Briefs review articles, and two extensive well reasoned opinions (one filed as a dissent) by Fifth Circuit Judge J. Dennis which lay out the strongest arguments and favorable court decisions of the majority of the federal circuits allowing the admission of clinical testimony without a narrow interpretation or strict adherence to the Daubert factors.
Order No.: 0171-CIIN-xx-177 Cost: $45.25
Defining Multiple Chemical Sensitivity by Bonnye L Matthews
Multiple Chemical Sensitivity: A Survival Guide 2nd Ed. by Pamela Reed Gibson PhD
Living Well With Multiple Chemical Sensitivity by Lisa Bradford
The Ragged Edge: The Disability Experience
No Pity: People with Disability Forging a New Civil Rights Movement by Joseph P Shapiro
Employment with MCS
Employees with MCS and EI http://askjan.org/media/downloads/MCSEIA&CSeries.pdf
Environmental Health Network http://www.ehnca.org
Employees with Fragrance Sensitivity http://askjan.org/media/downloads/FragranceA&CSeries.pdf
Employees’ Practical Guide to Negotiating and Requesting Reasonable Accommodations Under the Americans with Disabilities Act (ADA) http://askjan.org/EeGuide/EeGuide.pdf
DR. GRACE ZIEM’S ENVIRONMENTAL CONTROL PLAN FOR CHEMICALLY INJURED PATIENTS http://www.mcsrr.org/resources/articles/S3.html
Improving Workplace Access and Accommodations for Chemically & Electromagnetically Sensitive Employees: http://www.workrerc.gatech.edu/sos/lamielle.php
Slide presentation http://www.workrerc.gatech.edu/sos/Lamielle/lamielleslides_1_15.php
Scent Safety in the Work Place http://www.scribd.com/doc/47092633/Work-Safe-BC-Scent-Safety-in-the-WorkPlace-2010 (British Columbia)
Canadian Centre for Occupational Health and Safety Scent-Free Policy http://www.ccohs.ca/oshanswers/hsprograms/scent_free.html
Lung Association Developing a Scentfree Policy for a Workplace https://www.lung.ca/lung-health/air-quality/indoor-air-quality/scents
Sample Fragrance Free Policy – American Lung Association http://action.lung.org/site/DocServer/fragrance-free-workplace.pdf