As reported by the Associated Press, a Detroit city employee is suing the city over a co-worker's perfume. Susan McBride is suing the city in hopes that they will accommodate her sensitivity to perfumes and cosmetics.
The lawsuit ,filed by Susan McBride in U.S. District court in Detroit states that the department of city planning office in which she is employed is in violation of the Americans with Disabilities Act. She claims that in addition to wearing a strong personal fragrance that made her sick enough to leave the office , her co-worker also utilized a plug-in air freshener. The unnamed co-worker had allegedly agreed to discontinue the use of the plug -in air freshener but refused to do without perfume.
McBride, who is looking to have the workplace ban the use of such items to accommodate her sensitivity to them is also seeking undisclosed damages as well. She has had to take time off of work, has required medical treatment for her illness, and has also had to suspend the fertility treatment she had been undergoing due to the medications she has needed to take resulting from the sensitivity.
McBride has also claimed that her illness had started about a year ago when the co-worker was transferred into the planning department. McBride had been employed in the city's planning department originally in 2000 and had no such complaints until last year.
The first lawsuit of this nature paid out an award of $814,000 which had been reduced from an original $10.6 million verdict. The amount had been reduced due to the fact evidence could not conclude that the plaintiff did in fact suffer from a perfume allergy. WYCD FM had been the defendant in that matter.
City spokesman Matt Allen declined to comment on the lawsuit, as the city refrains from doing so in matters involving personnel or litigation.
-Associated Press "Eau de Lawsuit: Woman sues over scent"
http://news.yahoo.com/s/ap/20070705/ap_on_fe_st/odd_perfume_lawsuit;_ylt=An6jNQYddevLlf6ZjT0MsJjtiBIF
-Detroit News "Worker sues over co-worker's perfume"
http://www.detnews.com/apps/pbcs.dll/article?AID=/20070704/METRO01/707040355
The lawsuit ,filed by Susan McBride in U.S. District court in Detroit states that the department of city planning office in which she is employed is in violation of the Americans with Disabilities Act. She claims that in addition to wearing a strong personal fragrance that made her sick enough to leave the office , her co-worker also utilized a plug-in air freshener. The unnamed co-worker had allegedly agreed to discontinue the use of the plug -in air freshener but refused to do without perfume.
McBride, who is looking to have the workplace ban the use of such items to accommodate her sensitivity to them is also seeking undisclosed damages as well. She has had to take time off of work, has required medical treatment for her illness, and has also had to suspend the fertility treatment she had been undergoing due to the medications she has needed to take resulting from the sensitivity.
McBride has also claimed that her illness had started about a year ago when the co-worker was transferred into the planning department. McBride had been employed in the city's planning department originally in 2000 and had no such complaints until last year.
The first lawsuit of this nature paid out an award of $814,000 which had been reduced from an original $10.6 million verdict. The amount had been reduced due to the fact evidence could not conclude that the plaintiff did in fact suffer from a perfume allergy. WYCD FM had been the defendant in that matter.
City spokesman Matt Allen declined to comment on the lawsuit, as the city refrains from doing so in matters involving personnel or litigation.
-Associated Press "Eau de Lawsuit: Woman sues over scent"
http://news.yahoo.com/s/ap/20070705/ap_on_fe_st/odd_perfume_lawsuit;_ylt=An6jNQYddevLlf6ZjT0MsJjtiBIF
-Detroit News "Worker sues over co-worker's perfume"
http://www.detnews.com/apps/pbcs.dll/article?AID=/20070704/METRO01/707040355
Comments
tsaustin
(Guest)
(Guest)
06/04/2009
It is nice to read about so many other people who have sensitivities like this. I can relate to the headaches, sore throats, etc due to someone's overuse of perfume and/or air fresheners. I think it is totally ridiculous that this woman ended up having to sue in order to get some relief. It sounds like someone in HR should have stepped in much sooner to address the problem. It also seems to me that many employers today are unwilling to address things that they can't personally relate to; all in the name of being "politically correct." Political correctness seems to have everyone running scared, rather than simply allowing them to use common sense when trying to help someone. This case could probably have been stopped much earlier if someone in HR had had a backbone and approached it like this: "Susan is allergic to your perfume. While you are at work, please do not wear perfume." Problem solved, end of story. Does anyone remember that it is a No-No to wear much perfume, if an
I'm glad she was awarded something. Awareness seems to be increasing.
Cheyla
(Guest)
(Guest)
12/10/2007
This is really an issue of compassion. The person saturated with perfume probably can't smell herself because she has deadened the sensory receptors in her nose. So it's not about whether she can smell herself, it's about her cruel nature in refusing to help someone with a medical condition. I also have a chemical sensitivity to fragrance and can attest there are indeed cruel people who have no interest for anyone except themselves.
quaaludedude
(Guest)
(Guest)
10/16/2007
My mother had a friend who loaded on the perfume. My dogs were in love with her, but she made our eyes water and cough, etc. That was 25 years ago, and it's only gotten worse. If I walk down the laundry detergent aisle at the grocery store, it about kills me, by the time I get to the other end, I'm clearing my throat, and my nose is running.
At work, a majority of us have complained and complained about the air freshener in the lobby, and even worse, in the handicapped bathroom, AKA "The Gas Chamber". If the door is closed, it's horrible. Even the women (It's the boss's wife and mother in law keeping them from being removed) who don't mind the one in the lobby complain how bad the bathroom is.
Why the hell do some people want perfume in or on everything?
Mangowalk
(Guest)
(Guest)
10/10/2007
Perhaps a little bad blood between employees?
Where will this all end? How about not eating pizza or tuna sandwiches at your desk? No Magic Markers either!
Sometimes underlying health issues might cause scent sensitivity (e.g chronic yeast infections or use of some drugs). If so, should the co-workers be inconvenienced, or should the affected person get the treatment they need to function in group life? Suing seems to be a bit extreme. HR intervention to quell the dispute may be more in order.
Katie C.
(Guest)
(Guest)
08/24/2007
I can relate to the woman's situation. I am allergic to a certain fragrance product that contains mango and apricot to the point of my throat swelling shut. I have had to seek medical attention 7 times because the lady who sold this was an aid in my school system. What did my director do? Tranferred me to another school although I was a l5 year school teacher and she was an at will employee. What is the justice here? I only asked that they keep her away from me so I would not have to seek constant medical attention. I'd been in that school for 10 years. The lady was selling and demonstrating the products on Board time and exposed me to it in the work area when I was running off papers. Instead of seeing where she was at fault they became angry with me for getting the teachers' union involved.
I have to say on one hand, I understand. On the other hand, it is a bit out there. However, as a Fibromyalgia patient, I experience a lot of sensitivities. Luckily, I have not had many negative effects from chemicals, mostly light and sound. When I experience these issues, it can truly be overwhelming. If she went about the proper procedures in requesting the person to cease these activities, I can understand her point. It is similiar to the public smoking issue...I mean, the scent is having an effect on her overall health. It is a known fact that your rights as a person end when the rights of a next person starts.
It's ridiculous that people would sue over this--and win!
I sympathize with victims of MCS but it seems a better resolution could be had.
Interesting. Certain perfumes make me sick.
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