Author Topic: Fragrance Sensitivity a Disability Under ADA  (Read 6610 times)

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Offline RobJohnson

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Fragrance Sensitivity a Disability Under ADA
« on: June 28, 2010, 12:53:03 AM »


 

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In McBride v. City of Detroit, senior city planner Susan McBride was awarded $100,000. In addition, the City of Detroit (the employer) agreed to revise its ADA handbook and training, and to post notices about the fragrance-free policy.

http://blog.laborlawcenter.com/2010/04/21/fragrance-sensitivity-a-disability-under-ada/

Quote
The reasonable accommodation in many cases would be for the employer to take steps to ensure that the workplace is free of scents, including banning other employees from using perfume, cologne and scented soaps.

I would have to purchase unscented soap to shower with to make my co-worker happy?  :bird: :-)

Offline PatriotGame

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #1 on: June 28, 2010, 02:55:43 AM »

 

http://blog.laborlawcenter.com/2010/04/21/fragrance-sensitivity-a-disability-under-ada/

I would have to purchase unscented soap to shower with to make my co-worker happy?  :bird: :-)
Holy shit!!

I hope I never fart at work again...or in my neighbor's yard...or in traffic...or in the check out line in Costco.

I may go to jail...
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Offline DumbAss Tanker

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #2 on: June 28, 2010, 08:34:19 AM »
Holy shit!!

I hope I never fart at work again...or in my neighbor's yard...or in traffic...or in the check out line in Costco.

I may go to jail...


Nah.  Just tell them uncontrollable farting is your own disability, and threaten to sue them for failing to accommodate it.
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Offline NHSparky

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #3 on: June 28, 2010, 08:35:47 AM »
Holy shit!!

I hope I never fart at work again...or in my neighbor's yard...or in traffic...or in the check out line in Costco.

I may go to jail...

Or just tell them, "Whoever smelt it, dealt it..."
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Offline debk

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #4 on: June 28, 2010, 09:20:56 AM »
Years ago, when I worked at Talbot's Catalog Centre here, we had a problem with this guy who literally smelled like he took a bath in his cologne. He was across the aisle and over two booths from me, and his "scent" was sooooo strong it was just nauseating. (he also wore foundation and mascara  :whatever: )

The GM ended up having to institute a no cologne/perfume rule as to single this guy out would have caused other issues with him, and I think they were afraid of a lawsuit from him.

Don't know what happened to him...I quit.
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Offline Thor

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #5 on: June 28, 2010, 09:49:26 AM »
I'm glad to see this happening. Since my return from Desert Storm, I have become extremely odor sensitive.  I dunno why, but I am.  We're talking instant migraines and nausea. Diesel and smoking vehicle fumes affect me just as badly. The only way to alleviate the problem is to leave the area. I have attempted to address this with one of my employers in the past and they pretty much told me to "cram it". There ARE people that wear too much perfume or cologne, mainly women, but there are some men, too. In all honesty, I'd rather deal with a fart odor (or even a rotting corpse odor) than someone wearing too much perfume or cologne or be stuck behind a smoking vehicle.

That said, I don't believe that monetary damages should have been awarded. Change the policy, yes. Fines?? No.
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Offline PatriotGame

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #6 on: June 28, 2010, 10:13:53 AM »
I'm glad to see this happening. Since my return from Desert Storm, I have become extremely odor sensitive.  I dunno why, but I am.  We're talking instant migraines and nausea. Diesel and smoking vehicle fumes affect me just as badly. The only way to alleviate the problem is to leave the area. I have attempted to address this with one of my employers in the past and they pretty much told me to "cram it". There ARE people that wear too much perfume or cologne, mainly women, but there are some men, too. In all honesty, I'd rather deal with a fart odor (or even a rotting corpse odor) than someone wearing too much perfume or cologne or be stuck behind a smoking vehicle.

That said, I don't believe that monetary damages should have been awarded. Change the policy, yes. Fines?? No.
"Fart odor"?

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Offline NHSparky

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #7 on: June 28, 2010, 10:59:23 AM »
Don't forget the broccoli and Guiness.

Oh, for the days of getting underway from liberty ports during Westpac (hell, any underway), and seeing how long it would take us until the EOOW was reaching for an EAB mask.
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Offline Doc

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #8 on: June 28, 2010, 11:03:36 AM »
Back in the mid-nineties, I worked on the top (110th) floor of the World Trade Center, tower one, and in order to get up there required taking three different elevators.  On the 102nd floor was the "Windows on the World" restaurant, and every day at 8:30 AM, when I was riding up to the office I had to ride with the same (African American) woman who worked in the restaurant, and apparently dipped herself in "Jungle Gardenia" every morning.  These were large elevators, carrying forty or more passengers, and were fast as hell, but with inter-floor stops, if you were going to the top, you could count on spending at least fifteen minutes attempting to breathe in the overwhelming stench of this perfume.

If got so bad that some of my colleagues would get off at an intervening floor, and wait for another car to go on up..........and once on our office floor, we had to occasionally go out on the roof for some fresh air........it was awful, particularly on a hot day, when you were not only riding with this woman, but with forty other folks that had just spent the past few hours crammed in a hot subway or commuter train car.

I'm not for restricting individuals personal habits, but you would think that some folks would exercise a little consideration for other people........

Fifteen years later, that scent still makes me nauseous......

doc

Offline debk

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #9 on: June 28, 2010, 11:30:10 AM »

Fifteen years later, that scent still makes me nauseous......

doc


Are you old enough to remember when everyone was wearing perfume/cologne with musk oil in it?

I was in college when it became popular....before that guys were wearing English Leather and Brut and the girls where wearing Chantilly or Heaven Scent. 

Musk stuff became very popular.....and I thought it was the most nauseating smell ever.

My ex mother-in-law wore Opium which was another nasty smell....and very memorable. She would come visit, and the way she applied it was to spray it real heavy into the air, then walk through it. Would take a month to "die out" after she left.... :puke:

There was another one, I can't remember the name....but it was really distinct....and strong. Everywhere you went, some woman was wearing it....and usually too much.

I had a badly deviated septum (80% blockage) from getting hurt as a kid, and in the mid 80's was having wicked migraines. Ended up having my septum fixed and windows put in my sinuses. A side effect was that I would probably lose my sense of smell..... oh no! Instead, my sense of smell became very intense....M tells me I could smell a fart at 300 yds.  :uhsure:
Just hand over the chocolate...back away slowly...far away....and you won't get hurt....

Save the Earth... it's the only planet with chocolate.

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Offline Thor

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #10 on: June 28, 2010, 01:02:36 PM »
My sense of smell has gotten more "sensitive" over the years. I smoke and yet, I can smell a deer in the woods or many other animal smells.

Kraut, beans, broccoli salad & some San Miguel...... I'll take that challenge.  :fuelfire:  Because of my meds, I get quite "stopped up" and there are times I could blow "Reveille"......  :o Fortunately for Inga and my friends, I usually eat fairly benign foods, so it's not too bad. I DO know how to make it bad, though!!  :-)
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Offline Eupher

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #11 on: June 28, 2010, 01:54:15 PM »
My sense of smell has gotten more "sensitive" over the years. I smoke and yet, I can smell a deer in the woods or many other animal smells.

Kraut, beans, broccoli salad & some San Miguel...... I'll take that challenge.  :fuelfire:  Because of my meds, I get quite "stopped up" and there are times I could blow "Reveille"......  :o Fortunately for Inga and my friends, I usually eat fairly benign foods, so it's not too bad. I DO know how to make it bad, though!!  :-)

Ladies and Gentlemen, there you have it.

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Offline IassaFTots

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #12 on: June 28, 2010, 02:09:56 PM »
Aw man.  I love Whataburger.  Why ya gotta do that Euph? 

But fart related.  At my previous job, I had a co-worker buddy that could fart on command.  A poofty newbie came to work at our company, and ended up sharing the same office space as my coworker.  For days and weeks, he would leave a fart in the office, right by the noob's chair.  Complaint after complaint was filed for odor.  Maintenence was called.  By the time anyone would get there, the smell had evaporated. 

Drove that man crazy.  Crazy I tell ya!  Only after the poofter left, did we know what the culprit was.  And this went on for about a year and a half!

 :rotf: :rotf:
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Offline Eupher

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #13 on: June 28, 2010, 02:26:32 PM »
Aw man.  I love Whataburger.  Why ya gotta do that Euph? 

But fart related.  At my previous job, I had a co-worker buddy that could fart on command.  A poofty newbie came to work at our company, and ended up sharing the same office space as my coworker.  For days and weeks, he would leave a fart in the office, right by the noob's chair.  Complaint after complaint was filed for odor.  Maintenence was called.  By the time anyone would get there, the smell had evaporated. 

Drove that man crazy.  Crazy I tell ya!  Only after the poofter left, did we know what the culprit was.  And this went on for about a year and a half!

 :rotf: :rotf:

We were in Texas recently (for the first time since 1982, when Whataburger didn't even exist) and drove by many of those restaurants, but never went in.

I'se skeered of those bun farts. They'se nasty.    :rotf:  :lmao:
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Offline RobJohnson

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #14 on: June 28, 2010, 05:49:31 PM »

I'm not for restricting individuals personal habits, but you would think that some folks would exercise a little consideration for other people........


Consideration I agree with. Making fragrance sensitivity a disability I do not.

What about people that have jobs that require housecalls? Will the homeowner need to refrain from showers, laundry & cleaning with chemicals for 72 hours prior to the appointment?

What about customers that wear too much scent? Will customers be stopped at the door? This is a stupid law. It opens the door for something that will never end.

"I don't like my coworkers shower soap so I'm  going on disability"  :rotf:

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Offline zeitgeist

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #15 on: June 28, 2010, 06:19:22 PM »
Then there are the shower deficient folk.  We had one guy who was a Saturday night bather as best I could tell and had some real BO.  In a close room ( elevator ) it was INTENSE, and hung in the air for a fair period after he left.  As the week wore on this guy got riper and riper.  Pine Cone air freshners smelled better than this guy.

Worst perfume was an Avon product called Ambush it reeked.     
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Offline longview

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #16 on: June 28, 2010, 06:22:51 PM »
I hate perfume and colognes, but don't need a law about it.  They make my eyes water and itch.  My sinuses stuffy.  

I've run into a couple clients who wear a lot of something awful, and if I can't treat them, I'll tell them why.  "I'm allergic to perfume and cologne."  Simple.  I've had very few co-workers that over did the scent and I just avoid them.

In my ranching life, my buddies call perfume "false advertising" and "stinkum."  I know we may an odd bunch who prefer the smell of cow manure and horse sweat to the chemical soup some douse on themselves.  We also like hay, pine and good leather.

Offline soleil

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #17 on: June 28, 2010, 06:35:08 PM »
Where does it end? I understand sensitivities, but damn. Do I now need to buy unscented soap, laundry detergent and deoderant?

Perfume I guess is one thing, but this could go on and on and on and on .....
« Last Edit: June 28, 2010, 09:55:32 PM by soleil »

Offline MrsSmith

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #18 on: June 28, 2010, 09:50:00 PM »
I am also very sensitive to some perfumes.  The ones that smell fruity are OK, as are things that smell like pine.  I can even deal fine with some incense and oils.  But there are some scents, to me they feel "sharp," the really strong flowered scents, that can cause me to be almost instantly ill.  They are far worse than cigarette smoke or fuel fumes.

When I run into one of those horrible scents, I instantly get a headache and the beginnings of an asthma attack.  Then my sinuses, my throat, and the tubes to my ears start to itch intensely.  After that, it starts to bother my mouth, and I end up with a horrible toothache on top of everything else.  By this point, my nose is running uncontrollably and I'm force to stay in my office with a box of Kleenex until I get it under some control.  It usually takes 3 or 4 ibuprofen to chill the pain.  I wish I could take a Benadryl or something for the rest of it, but every antihistamine I've tried puts me to sleep...even the non-drowsy stuff.  I can't do that at work!! 

We used to have a housekeeper that didn't bathe often, so dumped on perfume instead.  I could literally smell her when she got off the elevator on our floor.  My only defense was to open my window...and then leave the floor for about an hour.  Thankfully, I have a secondary office in another building that I use when I'm working on the machines in that building, and could go over there for a while.  If I was off the floor within 5 or 6 minutes of her arrival, my symptoms would be mostly gone by the end of the hour.

Now, after all that, I'm not at all sure I'd call this a "disability."  It's no worse than hayfever.  In fact, for me at least, it's essentially the same thing.  I do think it's just common courtesy for people to take care that they don't stink in public...in any way.  And employers should enforce some hygiene rules about all types of scents.  However, calling it a disability or suing over it is way overboard.

I wonder if anyone has ever developed an anti-perfume spray?  Hmmmm....
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Offline RobJohnson

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #19 on: June 29, 2010, 01:13:57 AM »
Where does it end? I understand sensitivities, but damn. Do I now need to buy unscented soap, laundry detergent and deoderant?

Perfume I guess is one thing, but this could go on and on and on and on .....

True.

I have hayfever. Will my employer have to wait until my day off to have the lot mowed?

Offline Thor

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #20 on: June 29, 2010, 10:43:36 AM »


I'm not for restricting individuals personal habits, but you would think that some folks would exercise a little consideration for other people........

Fifteen years later, that scent still makes me nauseous......

doc

The fact that some folks demonstrate little or no consideration towards others is EXACTLY why laws like these are enacted.

Consideration I agree with. Making fragrance sensitivity a disability I do not.

What about people that have jobs that require housecalls? Will the homeowner need to refrain from showers, laundry & cleaning with chemicals for 72 hours prior to the appointment?

What about customers that wear too much scent? Will customers be stopped at the door? This is a stupid law. It opens the door for something that will never end.

"I don't like my coworkers shower soap so I'm  going on disability"  :rotf:

If you don't like how I smell, don't stand so close.  :hammer:



Sometimes people have no alternative. I remember my last cable TV job as a head end tech. There were a couple of women (Customer Service Reps)  that wore far too much perfume. Like I said earlier, I was basically told to F off. THIS is where it becomes a problem. In that same job, they hired an assistant for me and she was wearing a little too much perfume for the first week. I had to leave the head end because I would get physically ill. Finally, I politely asked her to not wear perfume and explained why. She was amenable to my situation and complied with my request, However, there were other parts of the building that I had to be careful to enter because of the other over-fragranced women. I definitely avoided interfacing with them because of the fact that I would get ill for about an hour after I left their work area. IMO, when a person's perfume/ cologne inundates the entire building, that is way too much. It's sad that they actually had to make a law about this  and I don't think it should be a compensated disability. It's just too bad that people just can't exercise some consideration for others, especially when they go out in public. Of course, since the 80s, it's been an "all about me" type of world where many people are ego-centric, are only concerned about themselves and have little or no respect for others.

Don't even get me started on how many people treat the physically disabled out in public. I can't tell you how many times I've practically been shoved out of the way, run over or otherwise been treated poorly. (and I DO try to stay out of the way whenever possible) I don't want any special rights but a little consideration would go a long way.
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Offline JohnnyReb

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #21 on: June 29, 2010, 11:34:30 AM »
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Offline AllosaursRus

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Re: Fragrance Sensitivity a Disability Under ADA
« Reply #22 on: June 29, 2010, 02:04:38 PM »
The worst ones I run into are the damn hippies who think if they eat 4 lbs of garlic each and every day they are healthy! Damn what a stink! It's the pits when ya have to sell 'em somethin' and can't get away!!
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