Can excessive perfume be considered a contribution to a hostile work environment?

Question

Many people have complained about a particular woman that seems to think that the lack of normal hygiene can be obviated by large doses of perfume.
I have talked to her about it but backed off when she threatened to sue me based on ADA rules that protect her from any company interference regarding her physical disposition.
Now I worry about a number of employees suing me because of the horrendous odor she exudes all day.

Answer 1

To me, I see no problem with it. As a matter of fact, I like the smell of colognes/perfumes. To me, its better then smelling odor from people.

However, you have to understand that people have different senses, and so some scents might irritate them. So its reasonable that wearing cologne / perfume is forbidden in the work place.

Though, according to your situation, it depends. From my work experience, when I was working as a waiter, my employer had emphasized the importance of not having any odor, as it was part of the rules. Which is understandable because I was serving food.
However, when I was working other jobs such as working in a factory where I'm not dealing with customers but rather just doing heavy labor, taking care of one's odor was considered to be a personal choice for employees, as long as the work was done.

So it depends, if you are working in a restaurant type setting, she may not be able to sue you because rules state that in any restaurant environment, odor is forbidden. That goes the same with any other jobs if your working around customers, clients, or foods. And as long as in your defense you state that your intentions were not to offend her but rather inform she had an unpleasant smell that was bothering you, then she can't really say anything even if she sues you because it was awareness for herself, and everyone around her.



If your working in other settings such as factory, office, farm, a job where your not working around foods or people, then she has a case. Even if you were making her aware that it bothered you, then unfortunately thats too bad. Because what you did was disregard another employee's personal choice (a choice not to take care of her odor regardless of her physical disposition).

Though, no need to worry, if you did talk to her in tactful manner about before, then in court it shows that you were serious and was not trying to deliberately offend her. Of course, since other employees at your work is wanting to sure you as you say, you'd have to get other people who know you, to vouch for you. They have to explain that your a nice individual who doesn't deal with people in a rude, or offensive manner.

So hopefully, just talk out it with her and explain it in a calm tactful manner, maybe she might drop her accusation. However, thats never guaranteed to work, so like I said, you'd have to use the defense I just mentioned to prove your innocence.

All-in-all, just remember, if you have any issues with other employees, you MUST take it with your employer. Its part of an employer's (boss) job to help certain problems with his/her employees in order to maintain a peaceful working environment. Otherwise, any other approach such as the one you chose would be considered harassment.

So, good luck, hopefully things go well. Let me know what happens.

Answer 2

Yes, wearing 'excessive perfume' is a 'LARGE contribution' to a hostile work environment. Everyone now knows that many of us are 'allergic' to many perfumes, and most of us DO NOT WEAR perfume when we are out to 'save' those who are allergic from having an 'allergy attack' (severe headaches that can last for days, vomiting, etc.)
What you NEED to do is put out a 'revised' dress code that includes NOT WEARING ANY SCENT ... that means that EVERYONE in the business can NOT wear any type of perfume or even deodorant that can be DETECTED by anyone else in the business. If this woman doesn't WASH but wears the excessive perfume to cover her 'body odor' then you need to 'speak to her personally' and recommend that she speak with a doctor about her body odor ... there are some people on whom regular deodorants do not work, but there are prescription (and UNSCENTED) deodorants which can help them smell better. I don't know what the ADA is or about the 'protections' from 'company interference' regarding her 'physical disposition' or what they may be ... but it's YOUR BUSINESS and you are protected from being sued because EITHER those who don't like the smell of her perfume or her because she wants to wear it by OSHA ... and OSHA rules are the ones that will win in ANY court of law. OSHA is the Occupational Safety and Health Administration, and that is a FEDERAL group, by the way.

Answer 3

Yes, it can be considered a contribution to a hostile work environment. I'm sure morale is probably low because of this issue. Does the employee handbook state that no one is supposed to wear large doses of perfume and that everyone should follow good hygiene? I know my company is very strict about this rule and it's in the handbook.

Answer 4

You have a major dilemma. If the manager (you) goes to the woman to complain about her odor, she may claim that you are creating a hostile work environment for her.

But other employees may complain to the manager that the woman is creating a hostile work environment for them. In this case, the manager is better off because when he responds and talks to the woman he can tell her he is merely following up on a HWE complaint and he has not choice in the matter.

In a sort of perverse way it would be "fun" to see this case, both sides, land on some commissioner's desk to decide. We were really all better off when workers knew enough to be clean when they went to work and managers could tell a person "You smell bad, go home and shower" and not risk federal consequences for doing the sensible thing.

Answer 5

Absolutely! Due to the fact that some people have a sensitivity or allergy to certain colognes or perfumes, you have every right to tell her to tone it down, or stop wearing due to the fact it becomes a health concern (ala peanut allergies in schools and the peanut ban). If many are complaining, you should take appropriate action to alleviate the problem.

Enjoy your day!

Answer 6

Yes, I used to get asthma attacks due to perfume people wore. They were told not to but continued. I brought a note from doctor and I was not made to be around the offender any longer. I ended in ER a few times. You have rights too.

Answer 7

Send out a letter to all employees about company policy, hygiene,grooming and whats expected of the work environment.

Answer 8

excessive perfumes are invasive to people with allergies and asthma. She can actually cause medical reactions when a simple shower is all that's needed. Cleanliness is a work 'requirement'. She can be let go for that reason, but check with your lawyer first, just to be safe

Answer 9

Damn I'm sorry man, I know exactly what your dealing with. I have a headache every night going home from work cause of it.
In your position, Id recommend claiming that is interfering with your health (headaches, nausea) and your ability to preform your job. Good luck bro

Answer 10

Yes that can contribute to a hostile work environment.


And you can do something.