Scent-free work environment

[blondredhead]

What is the name of your state (only U.S. law)? CA

A few months ago, one of my employees (Employee A) mentioned that another employee (Employee B) was wearing a fragrance that was causing her headaches and watering eyes. She went so far as to bring in a doctors note, requesting a fragrance-free work environment. We immediately complied, asking all of the employees to refrain from wearing fragrances.

Up until this time, Employee A wore a very strong scented body spray that lingered wherever she went. After implementing the fragrance-free policy, she continued to wear the spray. She was reminded about the fragrance-free policy and that she would also have to comply, to which she responded "But this scent doesn't bother me". She agreed not to wear it any longer.

She continues to complain about Employee B wearing the offending fragrance, however, those who sit in close proximity of Employee B and upper management have not been able to detect ANY scent being worn by Employee B. Employee B also swears she is not wearing any fragrances.

Employee A continues to complain about employee B and continues to wear her 'fragrance' claiming it's not body spray but shampoo and deodorant. It is quite strong others have complained about HER fragrance.

Are there any options other than moving Employee B to another workstation? She is now feeling harrassed by employee A.

 

[Ohiogal]

You could always take issue with Employee A for not abiding by the policy.

 

[cbg]

You can tell employee A that the rules apply to her, too, and that the next time she comes into a workplace that is fragrance-free when she is not fragrance-free, she will be sent home until she is.

Then do it.

 

[blondredhead]

You can tell employee A that the rules apply to her, too, and that the next time she comes into a workplace that is fragrance-free when she is not fragrance-free, she will be sent home until she is.

Then do it.

Which we have done today. If she continues to complain about Employee B who as I said cannot be identified as wearing any fragrances, any additional options other than moving workstations? Upper management is concerned about a potential lawsuit.

We are doing our best to comply and make the accomodations requested by her physician, but she's making it difficult. She claims not to be wearing anything, but the minute she walks past it's evident she is. Thanks for everyone's advice.

 

[eerelations]

If B continues to swear she isn't wearing any fragrances, and you have personally determined that you can't smell any fragrances on her (I'm sure B won't mind if you ask to stand next to her and sniff - she'll know it's in her best interests to let you) and yet A persists in complaining, you should move A. (Moving B would appear to be punishing B, and we have no reason to believe B is doing anything wrong).

If A continues to complain after being moved, ensure that B is still adhering to the fragrance-free policy. If she is, warn A that any more complaints could result in A's dismissal. Any more complaints after the warning? Fire A.

And document everything.

 

[blondredhead]

If B continues to swear she isn't wearing any fragrances, and you have personally determined that you can't smell any fragrances on her (I'm sure B won't mind if you ask to stand next to her and sniff - she'll know it's in her best interests to let you) and yet A persists in complaining, you should move A. (Moving B would appear to be punishing B, and we have no reason to believe B is doing anything wrong).

If A continues to complain after being moved, ensure that B is still adhering to the fragrance-free policy. If she is, warn A that any more complaints could result in A's dismissal. Any more complaints after the warning? Fire A.

And document everything.

Thank you. You best believe we are documenting everything and we have gone so far as to literally sniff B (kind of awkward to have to do) and could not ascertain any sort of scent.

We understand that moving B would appear to be punishing her but she is not adverse to it. Additionally, we were forced to move A to where she is at now due to an expansion that required the new employee locate into A's spot in order to be near his supervisor. A was not happy about the relocation as she had a window and was kind of isolated and now has to share a cubicle with 3 others. She has made it known that she wanted her old spot back, but that's not feasible. All of this started at that time and we are wondering if perhaps it's an attempt to get moved back to her old workstation. Hence the reason we are toying with moving B instead of A.

 

[CTU]

I'm genuinely curious.

What would happen if, for example, an employee had to use a certain topical tincture or preparation for medical reasons and the stuff had a less-than-beautiful smell to it?

Some have heavy fragrance (boooo!), be they natural or synthetic.

Some have no added fragrance (yay! ... except some topicals smell like Satan's moldy armpit ... sooo ... )

Who does the employer cater to? The employee who uses the stuff, or the employee who cannot stand the scent of unadulterated vitamin C serum?

 

[blondredhead]

I'm genuinely curious.

What would happen if, for example, an employee had to use a certain topical tincture or preparation for medical reasons and the stuff had a less-than-beautiful smell to it?

Some have heavy fragrance (boooo!), be they natural or synthetic.

Some have no added fragrance (yay! ... except some topicals smell like Satan's moldy armpit ... sooo ... )

Who does the employer cater to? The employee who uses the stuff, or the employee who cannot stand the scent of unadulterated vitamin C serum?

Excellent question! Would be curious about that myself! I use a pain reliever cold therapy roll on from time to time for muscle pain prescribed by my Dr. and it has quite a eucalyptus smell, but I have my own office and hopefully don't offend!

 

[cbg]

My HR manager red flags just went way, way up in the air.

I think you're on the right track here, blondredhead. I have some scent allergies myself and depending on the scent they can trigger either nasty headaches or respiratory difficulties. But with the info you've just added, I think A is angling for her old spot back and the last thing on earth you want to do is let her have it.

So since B is not adverse to moving, if it comes down to moving anyone, move B. A sits where she is; after all, you wouldn't want to discriminate against her by punishing her for complaining about a health issue, would you? (said sweetly so that the sarcasm cannot be heard).

Meanwhile, this is a scent-free workplace and it's a scent-free workplace at the express request of, and benefit of, A. The next person who comes in smelling of any kind of scented product, whether it be perfume, body spray, shampoo or deodorant, is sent home for the day without pay. Even if it's A. And if it happens a second time, fire her.

And for those of your upper management who are worried about lawsuits, I offer this scenario:

Judge: So when you complained about the fragrance, what happened?
A: Well, they made it a fragrance-free workplace.
Judge: So why are we here?
A: Well, I could still smell it on B.
Judge: Did you complain?
A. Yes
Judge: And what happened?
A: They moved B away from me
Judge: And so we are still here because...
A: Well, they fired me.
Judge: For...
A: Well, they said I was still wearing scented products
Judge: Were you?
A: Well, yes, but my own products didn't bother me
Judge: So everyone else was supposed to stop wearing scented products but you still could. (Gavel sounds) Next case.

P.S. Should CTU's scenario come up, it can be looked at on a case by case basis.

 

[eerelations]

I agree with cbg, with this new info it looks like A is complaining because she wants her old spot back. I also agree that if B isn't averse to moving, then move B. And of course, fire A if she persists with the drama.

(I also agree with cbg's courtroom scenario - I have actually seen scenarios like this!!! "Chocolate Lady" comes to mind, I won't go into details 'cause really that's a whole 'nother story.)

 

[blondredhead]

I agree with cbg, with this new info it looks like A is complaining because she wants her old spot back. I also agree that if B isn't averse to moving, then move B. And of course, fire A if she persists with the drama.

(I also agree with cbg's courtroom scenario - I have actually seen scenarios like this!!! "Chocolate Lady" comes to mind, I won't go into details 'cause really that's a whole 'nother story.)

Thanks everyone. Now my curiosity is peaked about "Chocolate Lady"!