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Judge allows civil suit over co-worker's perfume
DenverPost.com ^ | 11/27/08

Posted on 11/28/2008 3:50:26 PM PST by Oyarsa

DETROIT—A federal judge says a Detroit city employee can proceed with a civil suit claiming she couldn't work because of a co-worker's strong perfume. The Detroit News says U.S. District Judge Lawrence Zatkoff determined Susan McBride has a potential claim under the Americans with Disabilities Act.

The city is asking to have the suit dismissed.

McBride says she's severely sensitive to perfumes and other cosmetics. She says the perfume worn by a co-worker in the city's Planning Department made it difficult for her to breathe.

She says the co-worker also used a plugged in room deodorizer.

The suit says the co-worker later agreed to stop using the room deodorizer but kept using perfume.

(Excerpt) Read more at denverpost.com ...


TOPICS: Miscellaneous; News/Current Events; US: Ohio
KEYWORDS: allergy; detroit; mcbride; perfume
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1 posted on 11/28/2008 3:50:27 PM PST by Oyarsa
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To: Oyarsa

Shes right, some people irritate with lots of perfume.


2 posted on 11/28/2008 3:51:39 PM PST by omega4179 (Pardon Ramos and Compean)
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Comment #3 Removed by Moderator

To: omega4179

>Shes right, some people irritate with lots of perfume.

My nose doesn’t like that either... of course it’s a lot more tollerable outside with a slight breeze and proper positioning.


4 posted on 11/28/2008 3:55:22 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: omega4179

Some people slather on the perfume in the morning so it will be just the right lingering scent by evening. It is hard on coworkers. I had a friend who had to leave rooms where perfume was evident because it caused her raging headaches.


5 posted on 11/28/2008 3:56:57 PM PST by caseinpoint (Don't get thickly involved in thin things)
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To: Oyarsa

I get a migraine triggered by perfume and cologne. My day gets ruined, and the meds cost $20/pill. Most people will respect my requests.

If not, I would be more than happy to inflict an equal amount of pain on the culprit.


6 posted on 11/28/2008 3:58:02 PM PST by Patriotic1 (Dic mihi solum facta, domina - Just the facts, ma'am)
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To: omega4179

Those plug-ins with the harsh chemicals are REALLY irritating.


7 posted on 11/28/2008 3:59:32 PM PST by DLfromthedesert
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To: OneWingedShark

I assume she went to corporate real estate and asked for a different cube and was denied.


8 posted on 11/28/2008 4:00:01 PM PST by omega4179 (Pardon Ramos and Compean)
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To: Oyarsa
The smell of coffee makes me nauseous and gives me headaches. I think people should quit drinking coffee just for me.
9 posted on 11/28/2008 4:01:24 PM PST by beandog
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To: omega4179

>I assume she went to corporate real estate and asked for a different cube and was denied.

Maybe, or maybe she was slapped down hard by the coworker [or her supervisor] when she brought it up.


10 posted on 11/28/2008 4:03:39 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: omega4179

..........she’s severely sensitive to perfumes and other cosmetics.


11 posted on 11/28/2008 4:05:12 PM PST by nufsed
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To: Morgana

Long before smoking bans, I’d take my cigars outside before I’d light up, out of courtesy. Had a co-worker who would drench in horrible perfume. Could smell em before they even turned into the hallway. Would come into my office and I’d have tears in my eyes for an hour. After asking kindly a half dozen times to tone down the amount, I took a different approach.

Each time the person left my office, I’d go down to their’s and light up.

They got the hint after a few times. Geez, I could’a sued, instead.


12 posted on 11/28/2008 4:05:29 PM PST by CH3CN
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To: omega4179

Come on! It’s “aroma therapy!”
Actually, I hate that stuff. Makes me cough. Either the people that wear that much perfume, have dead senses of smell, or stink!


13 posted on 11/28/2008 4:05:31 PM PST by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: beandog
The Americans With Disabilities Act says you can bring suit to achieve exactly that.

At the same time I and many of your coworkers get blinding headaches by 10:30 AM that lead us to engage in violent bat swinging rages if we don't get our morning coffee.

Do you care to risk that?

14 posted on 11/28/2008 4:05:40 PM PST by muawiyah (uois)
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To: beandog

Even someone posting about coffee gives me headache so please stop umm-K?


15 posted on 11/28/2008 4:06:03 PM PST by steveo (Happy Thanksgiving to all!)
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To: Oyarsa

I’m amazed at where the consensus seems headed with this. As with smokers, perfumy ladies’ personal freedom ends at the very first discomfited nostril?


16 posted on 11/28/2008 4:06:10 PM PST by flowerplough (Under my plan of a cap and trade system, electricity rates would necessarily skyrocket. -O, Jan '08)
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To: Oyarsa

Anyone using that much deoderizer and perfume, makes you wonder what kind of stink they are trying to cover up. I used to work with a woman that wore too much of a strong perfume and you could smell her coming about 40 ft away. I asked one time what type of perfume she wore and she said it was Avon. Figures.


17 posted on 11/28/2008 4:09:44 PM PST by Netizen (PRAY AND WORK HARD - MILLIONS OF MOOCHERS DEPEND ON YOU.)
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To: flowerplough

Welcome to the U.S.A of today: “The Republic of ME”.


18 posted on 11/28/2008 4:11:03 PM PST by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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To: grellis

ping


19 posted on 11/28/2008 4:13:22 PM PST by magslinger (What is the fastest growing oppressed minority in America? Hoplophiles.)
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To: muawiyah

I think you should have to go outside and drink it. I also think that Starbucks should stop selling coffee so I can go inside their stores. :)

I do hope everybody knows I’m kidding. Not about the smell of coffee making me sick but that I think everybody should cater to me. I have learned to deal with it and it’s my problem not anybody elses.

The only time I really wish I could stop someone is when I’m doing some exercise classes. There’s this one teacher who believe it or not drinks coffee during the class. She always sits her coffee right near me and it really gives me a giant headache. I suppose I could just stop doing the class, which I have thought about. Oh well, such is life.


20 posted on 11/28/2008 4:13:36 PM PST by beandog
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To: omega4179

I am extremely allergic to any kind of strong smell. I was in the grocery store today and was going to buy clothes detergent but every one I picked up had some kind of perfume smell to it. I just can not be around that stuff. And, some people think that a whole bottle of perfume is necessary before going out. I remember a lady at church who wore a lot, bless her heart. I knew it was her coming in the door without turning around. I was at least 75 feet from the door. It did not bother me when I was younger but now I have to stay away from it.


21 posted on 11/28/2008 4:16:11 PM PST by MamaB (Heb.13:2)
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To: Patriotic1

We have a rule in choir that no perfume is allowed due to so many of us being allergic to that stuff.


22 posted on 11/28/2008 4:17:09 PM PST by MamaB (Heb.13:2)
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To: beandog

If you were as allergic to that junk as some of us, you would not be joking about it. I have been sick for weeks after being around someone who did not know that just a little works not the whole bottle and most times, that little is too much.


23 posted on 11/28/2008 4:19:04 PM PST by MamaB (Heb.13:2)
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To: beandog

I am retired, but if I were still working and if you were working in my office, and if you would have complained about my coffee... I would have killed you. ;>)


24 posted on 11/28/2008 4:21:04 PM PST by Gator113 ("Noli nothis permittere te terere.")
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To: MamaB

Not joking about it all. It makes me quit sick as I have stated. I just don’t think I have the right to tell other people how to live because it makes me sick. Stay home if you don’t like it.


25 posted on 11/28/2008 4:21:28 PM PST by beandog
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To: Oyarsa

Some perfume smells so good they ought to pay people to use it.


26 posted on 11/28/2008 4:22:54 PM PST by OldEagle
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To: Oyarsa

That stuff makes me sick. I’ve had my throat close up and even trace amounts give me headaches.

Fortunately, I’m a software engineer and don’t have many women in the office.


27 posted on 11/28/2008 4:29:32 PM PST by JenB
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To: beandog

This is her job. How hard would it be for the other woman to tone down the perfume? I know I would if my perfume was causing someone else distress.


28 posted on 11/28/2008 4:29:43 PM PST by murron (Proud Marine Mom)
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To: Oyarsa
Gee, I wonder if we smokers could ban together and initiate a "Class Action" against "Second-Hand Odors?"

Perhaps we could include the geat "[un]washed" who's body odors are offensive to the extreme to my very sensitive nose and no doubt is the cause of my present, physical condition--whatever that might be?

I would imagine these cosmetic companies also have deep pockets and there must be some bottom-feeding, shysters (I UNDERSTAND JOHN-BOY IS PRESENTLY UNEMPLOYED)who would take up this righteous cause?

I wonder how many premature deaths can be [in]directly attributed to this condition?

Someone, notify the EPA,and the CDC, stat!!!

29 posted on 11/28/2008 4:50:28 PM PST by Conservative Vermont Vet ((One of ONLY 37 Conservatives in the People's Republic of Vermont. Socialists and Progressives All))
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To: Morgana
I agree...there are also some men who marinate themselves in after-shave lotion....one bottle lasts a week.

But sooner or later they discover the downside....it attracts a lot of "rump rangers".

30 posted on 11/28/2008 4:56:34 PM PST by capt. norm (Never underestimate the power of very stupid people in large groups.)
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To: beandog

Well, it is not allowed in my choir since so many of us are allergic to it. You can walk away from a coffee pot if it bothers you but if you are in a very small room with 100 singers and half are coughing their heads off, runny noses, etc. then people should not wear it. Ladies can do without wearing perfume 2 times a week, one at practice and once on Sunday. But, when a lady wears so much perfume that I knew when she walked in the door and I was at least 75 feet away, then that is way too much. My late daughter use to have a friend who stayed with us a lot when they were in high school. I did not even have to know that she had been here but as soon as I walked in the house, I knew she had been here due to her perfume. That is way too much that it lingers for hours after a person has left the house. Why should those of us have to stay home due to the inconsideration of a few who have lost their sense of smell?


31 posted on 11/28/2008 5:14:07 PM PST by MamaB (Heb.13:2)
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To: Oyarsa
Did she mention her "allergies" when they asked her about physical limitations or at a company physical??

People may be annoyed....but not incapacitated...

Sounds like a setup. Wonder what else is in her background.

32 posted on 11/28/2008 5:17:22 PM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
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To: murron

I use to love to wear perfume. In fact, White Shoulders was my very favorite. But as I grew older, the more allergic I am to it. I can be sick for weeks just from going down the candle aisle at a store. I have no idea why I grew allergic to it over the years but lots of people I have talked with about it have said the same thing. It did not bother them when they were younger but it does now. When we are having choir practice, people will stop practice to remind people not to wear perfume. It is not good for singers as well as others to have throat and ear problems due to a smell that is not necessary all of the time.


33 posted on 11/28/2008 5:19:51 PM PST by MamaB (Heb.13:2)
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To: CH3CN

Just an offhand observation, but that it a curiously appropriate screen name for this particular thread.

How long have you been waiting for a chance to use it, Mr. Acetonitrile?


34 posted on 11/28/2008 5:26:49 PM PST by shibumi (...so if it's organic, where are its organs?)
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To: beandog; Oyarsa

“The smell of coffee makes me nauseous and gives me headaches. I think people should quit drinking coffee just for me. “

This is no trivial matter. Did you have trouble understanding what Oyarsa wrote? I have the same issue.

I get migraines as well as cluster headaches.These headaches actually drive people to suicide. Perfume triggers them in me the same as they trigger migraines in others. The treatment is the same $20+ pill (if I can catch it fast enough) or a $75+ injection if I don’t.

This isn’t just something unpleasant, it is something that actually causes medical issues with people.


35 posted on 11/28/2008 5:31:31 PM PST by Nik Naym (Everyone has a right to my opinion.)
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To: Oyarsa

I’m down with that. I started deleting man-made fragrances from my life 30 years ago, and over time I became extremely sensitive to them.

When people are inundated daily with strong, un-natural odors, they become de-sensitized to them over time.

Removing oneself from such an environment restores a person’s normal level of olfactory perception.

Therefore, when a person is again exposed to those same odors, in the same concentrations, they can be overwhelmed to the point of serious discomfort, or even disability.

I’ve experienced it myself. It’s gotten to the point where if I have to hold my breath on the detergent aisle in the grocery store, the fragrances are so pungent.


36 posted on 11/28/2008 5:31:51 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: shibumi

Take the space out. Will do a bit more than take off the old nail polish.


37 posted on 11/28/2008 5:33:06 PM PST by CH3CN
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To: CH3CN

Take the space out?


38 posted on 11/28/2008 5:37:31 PM PST by shibumi (...so if it's organic, where are its organs?)
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To: flowerplough
Your freedom to do as you wish ends when you come to work.

You are told how to dress, when you can eat, what you can drink, what you can listen to, who you must sit by and what you can do.

You accept payment to give up these freedoms.

If your actions, appearance or aroma makes other workers uncomfortable then they have the right to make that known and the boss has the right to tell you to knock it off.

39 posted on 11/28/2008 5:38:35 PM PST by Harmless Teddy Bear (Faith Manages. I consider myself a bit of a purist, and proud of it.)
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To: Harmless Teddy Bear

Yeah, CH3CN. Not CH3 CN.


40 posted on 11/28/2008 5:39:52 PM PST by CH3CN
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To: MamaB

Perfumed candles also give me a problem, but if the weather is warm, and my allergies are not in sensitivity mode, I can burn the scented ones.

Also, sometimes allergies do manifest themselves later in life. I used to never have a problem around cats until the last 25 years, (I am now 60)and now I know if there’s a cat in the house without ever having seen the cat. My throat starts tickling, and my eyes begin itching and watering.


41 posted on 11/28/2008 5:42:09 PM PST by murron (Proud Marine Mom)
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To: omega4179

Well, I am irritated by the horrendous body odor of the hippies who live in my area who don’t bathe, use deodorant, and have stinky dreadlocks.

I live in No. California by the way.

To me they smell worse than any perfume.

I don’t think I can do anything about my hippie liberal problem.

I wear perfume, not a lot of it, just one spray. I wouldn’t stop wearing it just because someone asks me to.

Now if there is a very serious medical issue that is proven, I might stop, but otherwise no.

Why do we have to keep fighting for our individual rights?


42 posted on 11/28/2008 5:46:12 PM PST by Aurorales
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To: MamaB
I can use natural oils for fragrance but any sort of artificial perfume tends to bother me.
43 posted on 11/28/2008 5:46:55 PM PST by Harmless Teddy Bear (Faith Manages. I consider myself a bit of a purist, and proud of it.)
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To: OldEagle

Yes, some perfumes are lovely. That’s the kind I wear. I am always complimented on my perfume. One time while visiting Minnesota (from Canada) a young lady in Penske’s asked me about it. She was so disappointed to find out she could not buy it in the US. When I got back home I sent her some. She emailed me when she ran out and I sent her some more. It was quite fun - she was so sweet and had the same name as my daughter.


44 posted on 11/28/2008 5:46:59 PM PST by JudyinCanada
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To: shibumi

OOOps, #40 was for you. The aroma might about as unpleasant, though.


45 posted on 11/28/2008 5:50:19 PM PST by CH3CN
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To: Oyarsa; Just another Joe; CSM; lockjaw02; Publius6961; elkfersupper; nopardons; metesky; Mears; ...

first they came for the tobacco smells..........

Nanny State Ping.

This was only a matter of time folks. I can’t stand heavy perfumes, and have had allergic reactions to some, but the idea of going to court over such just never crossed my mind, nor would it even though I’ve been seeing it happen more and more frequently.


46 posted on 11/28/2008 5:51:52 PM PST by Gabz (Is a sarcasm tag really needed?)
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To: Sacajaweau

It can be incapacitating. Allergies can lead to asthma attacks, and while I’m not allergic, it’s a migraine trigger. If people were remotely considerate, it wouldn’t be a big deal.

Believe me, it’s tough to ask, and I’ve only had one person make a big deal about it.

My life can be very painful and I wish it was different, but it is what it is.


47 posted on 11/28/2008 5:59:54 PM PST by Patriotic1 (Dic mihi solum facta, domina - Just the facts, ma'am)
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To: Oyarsa

I knew a guy who had to work in the same area as a woman who wore heavy doses of industrial strength cheap perfume. He had problems with his wife who could smell it on him when he went home.


48 posted on 11/28/2008 6:00:14 PM PST by Fresh Wind (Hey, Obama! Where's my check?)
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To: Aurorales

What would you accept as proof?


49 posted on 11/28/2008 6:01:38 PM PST by Patriotic1 (Dic mihi solum facta, domina - Just the facts, ma'am)
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To: Gabz

Give me a smoker over a perfume wearer, any day.


50 posted on 11/28/2008 6:02:41 PM PST by Patriotic1 (Dic mihi solum facta, domina - Just the facts, ma'am)
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