Employment
NoseFlash
A Stradley Ronon Publication of the Employment & Labor Practice Group
MAY 2012
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The Sixth Scents:
Smells in the Workplace
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O
bnoxious perfume..... body odor..... sweaty gym clothes..... smelly lunches..... even
smellier breath – all a toxic brew that suffocates productivity in the workplace. While
bathing in Old Spice might seem innocuous, other employees might become
overwhelmed by the fragrance. It may be tempting to ignore the awkward aromatic issues and
tell complainers to do the same, but inaction leaves a festering problem. The offending
employee may repel clients. Co-workers may take it upon themselves to drench the office in
deodorizer or vanilla-scented candles. Or the employer may end up like the City of Detroit,
which paid a six-figure settlement for ignoring complaints that perfume aggravated a coworker’s allergies. So if nose-holding is not an option, what should an employer do?
The B.O. Squad
An office-wide email reminder should stop complaints
about an employee eating popcorn at his desk. But an
employee with perpetual bad breath likely will not realize
that a group message targets him. Or the employee who eats
foods distinctive to her ethnicity may characterize group
gossip about the pungency of her meals as thinly-veiled
harassment. In most instances, a straightforward, private
conversation is the best means of addressing the issue.
The Nose Knows
Employers often reflexively task human resources personnel to sniff out the issues and conduct
these awkward conversations. But employers should give more thought – and use plain old
common scents – in identifying the appropriate messenger. An employee complaining about the
lunches eaten in the next cubicle can best explain to her co-worker how the colliding herbs and
spices detract from her work. If poor hygiene impacts client relationships or work performance,
then the employee’s manager may be best positioned to address those issues. For an employee
with a potential medical or psychological condition, discussion with human resources
personnel may be required.
A Plan that Makes Scents
No matter who delivers the message, advance planning will make the conversation as
inoffensive as possible and minimize workplace disruption.
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• Sniff out the source before meeting with the employee. Attempt to obtain firsthand
confirmation of the issue and ask the complaining party for specific examples. Weed out
any complaints based solely on personality conflicts or negative stereotypes.
• Advise the complaining party that the employer will address the situation as it deems
appropriate and ask her to exercise patience in the meantime.
• Conduct the conversation in a private location and avoid nosey co-workers.
• Maintain a professional tone but feel free to acknowledge that
the conversation involves an awkward topic.
• Focus on the impact on work performance and general
workplace productivity, not individual complaints from coworkers. Be mindful not to give the impression that the entire
office is gossiping behind the employee’s back.
• Avoid the temptation to psychologize. It is not a good idea to
ask personal questions like, “Is something going on at home
to distract you from showering?” Such questions will only
turn the discussion to unproductive personal topics.
• If the employee reports a medical condition contributing to
the smell, address it as if it were any other employee medical
condition. For example, if the employee reveals her bad
breath is caused by halitosis, treat that information as
confidential and do not advise complaining co-workers of the
root of the problem.
• Although most situations will not rise to the level of requiring
a formal improvement plan, draft a brief internal file note for
the company’s own use in the event further action is required.
Smell Ya Later
For these “work perfumance” issues, like any other performance
issue, follow up with the offender and complainer to monitor the
situation and confirm that it improves. If there is no improvement,
consider whether formal disciplinary procedures are warranted in
light of the level of workplace disruption. Before issuing any
formal discipline, however, consider the impact of religious or
cultural beliefs or a medical condition, if any, and potential legal
obligations to accommodate such issues.
The savvy employer does not allow complaints of workplace odor
to get stale. Clear the air by confronting the problem with a bit of
planning and a lot of tact.
• Work with the employee to develop a corrective plan. Rather
than forbidding the employee from exercising on his lunch
break, suggest he find time to shower or otherwise mask the
odor. Focusing the discussion on a practical solution will
provide a goal against which to measure future performance.
Stradley Ronon’s Employment & Labor Practice Group
Jonathan F. Bloom, chair ..........................................jbloom@stradley.com........................................................215.564.8065
Danielle Banks ........................................................dbanks@stradley.com ......................................................215.564.8116
Michelle Carson ......................................................mcarson@stradley.com ....................................................215.564.8137
Christine M. Debevec ..............................................cdebevec@stradley.com ..................................................215.564.8156
Nicholas Deenis ......................................................ndeenis@stradley.com ......................................................484.323.1351
Sandra A. Girifalco ..................................................sgirifalco@stradley.com ..................................................215.564.8064
Andrew S. Levine ....................................................alevine@stradley.com ......................................................215.564.8073
Ian M. Long ..............................................................ilong@stradley.com ..........................................................215.564.8558
William E. Mahoney Jr. [email protected] ................................................215.564.8059
Francis X. Manning ................................................fmanning@stradley.com ..................................................856.321.2403
Mark J. McCullough ................................................mmccullough@stradley.com ............................................215.564.8185
John J. Murphy III ..................................................jmurphy@stradley.com ....................................................215.564.8019
Caitlin E. Oberst........................................................coberst@stradley.com........................................................215.564.8151
Michael D. O’Mara ..................................................momara@stradley.com ....................................................215.564.8121
James F. Podheiser ..................................................jpodheiser@stradley.com ..................................................215.564.8111
Thomas J. Renehan Jr. ............................................trenehan@stradley.com ....................................................215.564.8044
Ellen Rosen Rogoff ..................................................erogoff@stradley.com ......................................................215.564.8058
A. Nicole Stover ......................................................nstover@stradley.com ......................................................215.564.8088
Information contained in this publication should not be construed as legal advice or opinion or as a substitute for the advice of counsel. The enclosed materials may have been
abridged from other sources. They are provided for educational and informational purposes for the use of clients and others who may be interested in the subject matter.
2 | Employment NewsFlash, May 2012
© 2012 Stradley Ronon Stevens & Young, LLP