It's been one of those days.

KP68

Okay, problem #2!

Employee has serious personal hygiene issues (dirty clothes, general body odor) and has been spoken to on three occasions about it. Finally, after a written warning, he comes forward and says he has an intestinal conditon that emits odor, for lack of a better phrase, and that he can't help it because it's a medical problem. /:)

Would you take the ADA Reasonable Accommodation route on this or simply tell him he has got to start practicing better hygiene???

Don D

It's too close to supper time for me to think about reasonable accommodations for the problem you suggest. No, you should not go the ADA route of discussing reasonable accommodation. You should, however, tell the employee that he is expected to do whatever is necessary to present himself at work in a reasonable manner, period. Let him and his doctor deal with the manner. If he does not, suspend him.

KP68

Tell me about it. At least you didn't have to hear about it first thing in the morning!

HRinFL

[font size="1" color="#FF0000"]LAST EDITED ON 01-11-05 AT 04:55PM (CST)[/font][br][br]Has he provided any medical documentation supporting his condition, or is he like Pig Pen from Charlie Brown and just likes to be dirty. I would require proof that he has this "condition" before I would discuss accommodations with him.

Remember you only have to provide a reasonable accommodation. I am not sure that allowing the ee to make others physically ill is reasonable. What kind of business are you in? If food service, it could be an unreasonable accommodation to let him "stink up the place." Retail grocery, food supply company, medical facility, etc., there are many types of businesses that just letting him "stink" could be a hardship for. Additionally, I don't see where his condition would cause him to have dirty clothes. He needs to wash them. Plus, that's just nasty!

Is the odor a result of his medication, if so, is there an alternate med that the doctor can prescribe. Is there a certain brand of soap that masks the odor better than others. I think that since it is out in the open, you can talk about it with the ee. Has there been anything in the past that helped? Have him talk to his doctor about possible rememdies as well. I would put more credence in what he said if he was otherwise a clean person. Either way, accommodation nor not, he needs to practice better hygiene. It just sounds to me like he is nasty! Yuck!

Don D

Whoaaaaa here! Reasonable accomodation is a legal term imbedded in the ADA and only in the ADA. A person with a farting or silent but deadly emission problem is by no means automatically covered by the ADA. Let's get some information before we start talking about accommodation. An ADA covered disability is one which limits one or more major life activities. That doesn't extend to breaking wind in the workplace. Tell him to handle the problem or not return to work. Then if he presents documentation that seems to raise a possible ADA flag, deal with it.

marc

It makes good, common sense to keep the onus on the EE. He has played the medical condition card, now make him back it up with evidence from his Doctor. By making the EE aware of your reasonable expectations you keep the pressure on him for the solutions. You may not expect a breath of fresh air from him, but it is not unreasonable to expect those around him to be able to work without a gas mask.

Playing the ADA card is just borrowing trouble - and we all have enough of that without looking for more.

Rockie

I suspect his smell has to do with dirty clothing and infrequent bathing. Not covered under any employment law that I know of. If he states a medical condition, I'd advise that I need a doctor's statement to the contrary, but I'd also advise that wearing dirty, smelly clothes does not warrant a doctor's excuse!

Clean up his act!