Judge allows civil suit over co-worker's perfume

DenverPost.com ^ | 11/27/08

[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.

[flowerplough]

what part of physically ill, Migraines, and cluster headaches, was not crystal clear?

What part of taking imitrex and other medications just to get through a day at the office do you find amusing?

Your descriptions of symptoms are clear, and your imitrex isn't as amusing as someone's earlier post about "happily" throwing up on a desk, but too much of this multiple-chemical-sensitivities hoopla reminds me of the near-hysterical women testifying, in the last century, that their silicone breast implants caused everything from arthritis to fibroid tumors to lupus. Dow Corning went bankrupt in that crusade and silicone breast amplifiers were banned, even though no other, similar, silicone prostheses were outlawed. And the silicone boobies were re-allowed in '05 by the FDA, because so many women want 'em. So color me skeptical, hayna?

[verga]

I don’t mean to rattle anyone’s cages, but this seems to be the current paradigm: Eliminate any source of contention, regardless of the cost.

If you fire the person with the allergies you have opened yourself up to a serious lawsuit. While a big company may have the attitude of "regargless of the cost" I don't think that the average company could afford that, not to mention the bad press that would result for that type of suit.

[Desdemona]

Send the Baritones in your choir armed with bean burritos to take on the Sopranos.

As they are on the other side of the stage, the tenors would get the worst of it.

[Patriotic1]

It’s tough, because I can suffer in an elevator! I’ve learned how to hold my breath though.

[Ditter]

So you had to wait until ‘05? How are those silicone boobs working out for ya? Extra attention, personal satisfaction, increased revenue?

[patton]

The casses are different - with ETS, no one ever established causation. With perfume, it has been firmly established.

[verga]

So you had to wait until ‘05? How are those silicone boobs working out for ya? Extra attention, personal satisfaction, increased revenue?

ROFL

FP you can be as skeptical as you want, but the facts remain that you and others are treating the illness of others with disdain.

when it happens to you, or one of your loved ones, I hope they receive more sympathy.

[ru4liberty]

FP is a person without a legitimate argument. As you can see by his/her last post -- a textbook example of a non sequitur, he/she has resorted to the technique of "muddying the waters" in hopes that it will appear like he/she is actually engaged in the discussion.

FP and others won't (or can't) address the real problem which is that there are a number of people who just want a safe environment in which to work, and there are people hell bent on clinging to their "personal rights" argument who simply don't care. They don't care if that person can't work. They don't care if they must pay a hefty price for medications that give relief. [Is Imitrex ever going to go generic???] They don't care that that person incurs certain health risks as a result of those meds. [Is anyone else besides me holding back a little information from their physician in fear that the Rx won't be re-written?] They don't care if a person has no other means of income. The only thing that's important here is that FP's right to wear his/her favorite fragrance is not infringed upon. Don't you DARE let the ailing person fight for his/her right to work in a non-hostile environment, whether through company policy or by lawsuit. And that person had better not even THINK of going on welfare and costing the taxpayers anything.

There are only two conclusion one can come to when reading FP's rantings:

He/she is unable to think things through to a logical conclusion, or

He/she is a jerk.

As a FReeper, I'd prefer it if the first conclusion were the case. As a realist, I fear it's the second one that hits the bullseye.

[ru4liberty]

FP you can be as skeptical as you want, but the facts remain that you and others are treating the illness of others with disdain.

when it happens to you, or one of your loved ones, I hope they receive more sympathy.

Hear! Hear!

[flowerplough]

I’m sorry. Maybe I will believe someday, and maybe you’ll all owe me a much-deserved “toldja so” and maybe it’ll tear me apart to hafta watch a loved one suffer, but until then I’m a multiple-chemical-hypersensitivities skeptic. You believe me to be a heartless jerk, and worse. Feel free do so. And feel free to complain or even litigate over the way we multiple-chemical-hypersensitivities non-believers smell. It’s still a free country, more or less.

[elkfersupper]

I can't tolerate fragrances of smoke of any kind.

Then you should take up smoking.

The only other thing for you would be to not go where people are or might be.....smoking.

[elkfersupper]

All of that junk is not good for us.

We used to not even notice it.

What changed?

[elkfersupper]

I found some pine cones that were scented with cinnamon today but it was so strong that I had to pass on them. I have a large glass vase which they would have looked great but my health comes first and I already have an allergy problem.

You should quit shopping or going out in public for any reason.

You might detect something that might cause a problem and then the SWAT team will eventually show up and take away the offender(s).

[elkfersupper]

I actually feel sick to my stomach when I smell the breath of someone who smokes cigarettes and drinks coffee.

It's just horrible that you should have to endure that.

Those coffee-drinking cigarette smokers need to die.

[elkfersupper]

No wonder the U.S. economy is in complete meltdown.

[elkfersupper]

That said, if our personal right to breathe air that doesn't make us sick is so offensive to you, please consider paying me a salary to stay home and out of everyone's way.

I would gladly do that if it was a legitimate option to get you whiners out of the workplace.

[Twink]

I’m thinking “less” when it comes to it still being a free country.

[factoryrat]

You forgot on little thing. Most companies have “at will” employment clauses. I can and have let people go for these reasons, with no legal recourse on their part. You should read the application you filled out. That clause has to be read and signed before you become employed with the company.

[Twink]

That was my thought...government doesn’t help. It’s not the solution.

I just try to find the humor in most situations. A sense of humor is a wonderful thing :)

It’s why I like reading your posts when I see them. Accurate but hilarious.

[Twink]

LOL!