HR: Fragrance Free Workplaces- Really?
A few years back, in 2008... a Detroit city employee filed a federal lawsuit against her employer under the Americans with Disabilities Act (ADA). According to the employee's claims- she had a breathing sensitivity to chemical products and the perfume of her co-worker made it difficult for her to breathe and caused her to suffer from migraines and nausea. Her lawsuit was based on the claim that the city did not take steps to reasonably accommodate her allergy after she brought the complaints to her employer.
Recently the employee won a $100,000 settlement! In addition to the monetary settlement, the city is being required to post notices in 3 buildings. The notices will urge other city employees not to wear perfume, cologne, after shave lotions, body/face lotions or scented deodorants. (No scented deodorants- now that can be a problem.) Warnings will also be placed in the organization's employee handbook and the ADA training materials.
Just a thought- but wouldn't it have been easier and far less expensive for the City of Detroit to have asked the co-worker not to wear perfume in the workplace? Obviously they failed to address the problem the employee was facing. If businesses/managers can learn anything from this situation it is to directly address an employee's complaints in a professional, timely manner and to take the correct steps to find a solution. If the city had taken the proper steps there may not have been a lawsuit at all.
Hopefully this lawsuit will serve as a reminder to all employers to take employee's complaints seriously- especially when dealing with ADA issues.