Dear Joan:
We have several staff members that wear very strong perfume,
which is causing others in the office to have headaches, nausea and
sneezing. Our executive director suffers from severe allergies and
asthma and she is also affected.
Our director put up signs all over the office stating
“Scent Free Zoneâ€. She advised staff
not to wear perfume because others are allergic. This posting has
not been enforced by some managers because it is not a policy.
Our management staff is now attempting to draft a policy stating
that staff can not wear perfume or perfumed lotions. However, a
couple members of our management team say this is taking away their
civil liberties. I say that someone’s health is
more important than wearing perfume. I then stated that those staff
members could start going home sick and then obtain a
doctor’s note that the perfume is causing them
to be ill in the work place, which could open another can of
worms.
Could you please send me some examples of policies that you know
are solid and will work for our office? I would really like to
present them at our managers’ meeting.
Answer:
This stinky situation is stinky; however, I side with you. I
sympathize with your colleagues who feel as though this is just one
more nick in their civil liberties, but in the case of an
organization, where people are forced into close quarters, there
may be little choice.
The issue of personal rights versus the
organizations’ standards is always a little
sticky. Employees want to wear wacky hair, pierce body parts, dress
the way they want—but the organization is paying
them to perform and conform to the needs of the organization. The
organization needs employees to present a consistent, professional
image to customers, as well as to behave safely and
respectfully.
This situation is not entirely unlike banning smoking, since it
is offensive and unhealthy to others. Since some people are
allergic to scents, their health can be affected, so an employer
should make a reasonable accommodation.
I’m not a fan of creating a policy for every
possible misstep, but since the poster campaign failed to get a
responsible response, a policy may be necessary. The individuals on
the management team, who feel this is a violation of civil
liberties, are probably the ones who failed to comply with the
request. Now, unfortunately, they will be forced to comply, which
is not the ideal situation. If they enforce it with a chip on their
shoulders, or say, “I don’t
agree with this policy but senior management is making me do
it…†poor morale and negative
feelings toward the company are the result.
I can only speculate that if all managers had spoken with their
staff and explained the fact that some of their coworkers are
having severe allergic reactions to something so easily fixed, the
issue would have gone away.
Daniel Finerty, attorney with Krukowski & Costello, S.C.
agrees that a conversation may be better than a policy in this
case. “While no legal precedent dictates that
such a “fragrance free†policy is
required, an employer is required under the Americans with
Disabilities Act to engage in the interactive process with an
employee to determine the appropriate accommodation for a
disability. The question in any “fragrance
sensitivity†case is whether the
employee’s condition arises to the standard of a
“disability†under federal or
applicable state law, if the employee has requested accommodation
for the problem or if the employer has responded reasonably. In
most cases, the employee’s disability will
likely not rise to that level.â€
Perhaps there is still an opportunity to reach consensus among
the leaders, so that a policy isn’t necessary.
If not, a simple policy statement should be written and then
talking points created so every manager can take the policy to
their staff and have a consistent message.
The policy can be added to the dress code portion of your
handbook and simply state, “Since perfumes and
perfumed creams can cause serious allergic reactions in others,
please refrain from their use during work hours.â€
Joan Lloyd is an executive coach, management consultant,
facilitator and professional trainer. Email your question to Joan
at info@joanlloyd.com. Visit www.JoanLloyd.com to search an archive
of more than 1200 of Joan’s articles. (800)
348-1944
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