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Employee Odor Sensitive
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Employee Odor Sensitive
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Just received a fax from one of our employees (office os 10 peole) from her doctor advising us that she is very sensitive to perfume & odors. Apparently she gets bad congestion and her mouth swell
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Forums » Topic Forums » Legal Forum » Employee Odor Sensitive
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Employee Odor Sensitive
posted at 8/23/2011 6:11 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
When your best customer comes in and she wears perfume/hairspray you say sorry we cannot allow you in?
What if your employees shower and use a "scented soap"? I am guessing that this is not a zero tolerance enforcement zone. It's not that I am insensitive to allergy issue, but............. we live in world of smells and airborne substances. We should strive to do something reasonable and not ask the rest of the world to change because of one person's issue. Reasonable accomodation does not include zero tolerance in my opinion. After all what does this person do when they leave the building and go into any retail or public establishment? |
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Employee Odor Sensitive
posted at 8/23/2011 6:18 AM EDT
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Posts: 3
First: 11/16/2010 Last: 8/23/2011 |
No, it's not a zero-tolerance policy. The point is to encourage people to think about their behavior. We have to live together and being courteous makes that possible. As does being tolerant and listening to others rather than being dogmatic. But then, we do business in a smaller city, one where "live and let live" is more the order of the day than "dog eat dog." |
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Employee Odor Sensitive
posted at 8/23/2011 6:42 AM EDT
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Posts: 1
First: 8/23/2011 Last: 8/23/2011 |
Wow, I'm surprised at some of the responses. You wouldn't tolerate an employee that smoked at their desk, and I'm not sure what the difference is - ? There are people, whether or not you've been exposed to them, that overdo the aftershave and perfume (the number of men who coat themselves in aftershave definitely seems to be increasing). I once worked in a poorly ventilated room with a woman who wore about a half gallon of Elizabeth Taylor's "Passion" every day. I like that scent, but it was overwhelming and gave all of the other employees a headache. I was also on an elevator with a woman who took out her perfume and coated herself in it. In an elevator! In a 70 story building!
This is a very simple problem to solve, and asking for no perfumes or aftershave at work is a simple solution. It is unreasonable if she is so sensitive she can smell soap on someone's skin. |
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Employee Odor Sensitive
posted at 8/23/2011 7:39 AM EDT
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Posts: 1
First: 8/23/2011 Last: 8/23/2011 |
One of our employees had environmental sensitivities. We invested in a high-grade air purifier and it made a huge difference. I'm sure the technology has improved since this issue arose, but if the employee works in a relatively closed-off space, this was a very good option. I recommend you keep an open mind and try to work positively towards a resolution. Our workforce is fragrance free due to the chemical intolerances of several of our highly-productive employees. We've asked our employees nicely to comply and have had very few issues. |
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Employee Odor Sensitive
posted at 8/23/2011 10:12 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Mlou193 I do not agree. Sure if you have a few individuals that that over do their fragance they should be talked to and their behavior modified. But it is not reasonable to have a no fragrance policy. Especially when only one person is affected. We need to keep a balance between one person's issue and the rights of the rest of the workplace. Her hypersensitivity does not automatically become the new standard. Did you read the post above that has the details of a possible " light fragrance policy"? We live in a world of odors and fragrances and many of them are not man made. People have allegeric reactions to many things but we cannot and should not try to make the workplace free of all potential allergins. It is not only not a reasonable accomodation, it would be very unreasonable. Comparing this to someone that smokes in the office is not at all a similar comparison. Breathing in second hand smoke and breathing someone's fragrance... not exactly the same.... IMHO |
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Employee Odor Sensitive
posted at 8/23/2011 3:57 PM EDT
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Posts: 2
First: 10/13/2005 Last: 8/23/2011 |
In 2010, the City of Detroit paid out a hefty settlement to an employee who had a smell sensitivity to her co-worker's perfume, and the City did nothing to try to accommodate her. Part of the reason the City lost their case was because of that "if she's got a problem with certain smells, she should leave, because it's not OUR problem." In fact, one of the managers actually SAID something to that effect.
The ADAAA is there for a reason. We as HR professionals don't get to pick and choose which disabilities we accommodate and which we don't. It's a simple matter when an employee has a smell sensitivity: FIX THE PROBLEM. If an employer takes a stance that it's the employee's problem, then the employer is going to lose - bigtime. |
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Employee Odor Sensitive
posted at 8/24/2011 4:29 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Lyn
I agree with you. If an employee needs an accomodation then the employer should make one............ as long as it is reasonable as defined by ADA. I refer you to the article above regarding the correct way to deal with this issue. Unreasonable requests do not need to be accomodated. Employers who ignore such requests do so at their own peril. Obviously this employer was not smart in how they handled this. |
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