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Wednesday, December 3, 2008

Scented Litigation

Apparently a Detroit employee is suing her employer because her co-workers perfumes made the woman sick, causing her to miss work. Some of you are going to say puh-lease. Then some of you with allergies will go to work and start your own journal to follow suit - if I may say.

Allergic reactions can be quite sickening. It is the employers obligation to provide the most equatable work environment for all employees. The need to wear perfume may not hold as much weight as the need to breathe. Some argue the "perfumed" worker may have had a chemical sensitivity, but the issue here is the employer's responsibility to all employees.

On the flip side, what about body odor? A bunch of jocks who run at lunch, but fail to shower, can be just as bothersome as an employee wearing strong perfume. I can think of many scenarios - burnt microwave popcorn, "Big Toe" Jam, drycleaner scents - that trigger allergies in the office.

The offended employee has a right to file a lawsuit - if her employer was negligent in taking corrective action. I thought about a relative of mine who suffers from allergies - a child. Sometimes those allergic reactions lead to difficulty breathing and even wheezing. I believe there is the possibility the employee could have been sickened by the perfume smell.

If you are a business owner and provide a place for people to work, be mindful of how you allow other employees, contractors, and visitors to threaten a "pleasant" and non-offensive work environment. One scented lawsuit was awarded for over $10 millions, but was reduced to $800K - still could wipe out some small businesses.

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