Pamela Core, an employee for the county department, has filed a complaint in Champaign County Common Pleas Court against two co-workers. Core is accusing the women of intentionally wearing a perfume called Japanese Cherry Blossom, despite knowing that the fragrance caused an allergic reaction that once required Core to visit the emergency room.
— From Woman says perfume sent her to hospital, sues co-workers at the Dayton Daily News. It's not clear why she is suing her co-workers and not her employer (see the recent case in Detroit). In other news, an Indiana mom is suing for a fragrance ban at her asthmatic son's school.
OK, kids… let’s all please say together now: “l-i-t-i-g-i-o-u-s”. There will always be touchy situations involving the “rights” of the few vs. “rights” of the many, but it seems like some folks not only go looking for trouble, they go all the way to creating it.
In the first case, I think the plaintiff must have really, REALLY p.o.’d her coworkers for them to go to such lengths; however, if they knew they were going to jeopardize her health I think they’re truly guilty of assault.
In the second case, I’d recommend home schooling. This child is going to be exposed to “perfumes” throughout his lifetime so creating a fragrance-free bubble at school is only postponing his need to develop good coping mechanisms. I don’t see this as the same as a school-wide ban on peanut butter, which can be easily avoided. “Perfumes” are omnipresent, not just in personal fragrance. Think about it: a school has floor, window, sink and toilet cleaners, floor waxes, whiteboard markers, whiteboard cleaner, etc. There’s simply NO WAY for a school to go fragrance free. Besides, how’d you like to be that kid at that school if his mom did prevail in her quest? No, thanks.
I’m most always way more sympathetic to these cases than most readers here…in the first case, I think she should be suing her employers, in the second, I have no problem with fragrance rules at high schools: many high schoolers are wearing massive amounts of fragrance (Axe!), I can see why someone with asthma would have a problem.
I didn’t follow this article properly I thought they were talking about a woman not a boy ??
and I have athsma but it isn’t very bad at all. I just get a little out of breath when I run.
but at college yesterday I walked into my media classroom and nearly passed out at the scent of body spray (I think it was impulse? but I can’t be sure) it actually covered every single corner of the classroom, someone must have sprayed constantly for about a minute because you could still feel it. yes I nearly choked there.
perfume is fine though, it doesn’ affect me in the slightest thank goodness. I guess it would only bother me if it was really strong and it was sprayed in my face, which anyone would start choking.
there is now a ban on spraying perfume, deo, body spray and hairspray etc in college buildings because two people had an athsma attack and had to be rushed to hopital because of it.
every morning I spray as little deodorant as possible while still making sure it’s effective because I don’t like the cloud it leaves so I keep my door open (window aswell in summer) for it to dilute.
smoke from cigarettes also makes me choke, but I don’t know it that’s the athsma or the smoke, perhaps both?
besides, hardly anybody at all wears perfume at college. they people that I would guess most likely to wear perfume don’t, they probably can’t afford it because they’re too busy buying Vivienne Westwood jewellery and clothes :/ that’s what everybody seems to have now, and I must confess I have a tiny pair of VW earrings, I have my left lobe done but wish I hadn’t and I just about never have anything in it. but those that do wear perfume tend to be girls, with the really sweet, tacky, in your face stuff or something decidedly powdery and nasty that is supposed to be classy and natural. I might well be the only person at college who smells nice. I just rememberd my businness teacher, who wears Angel everyday :).
In the U.S., employees are entitled to workers compensation for all job related injuries; in return they may not sue their own employer for an injury experienced on the job, except (in some states) for the most outrageous misconduct.
But is she suing for injury-related damages, or to force them to prohibit the use of (at least that particular) fragrance in the office? Workers’ comp or not, I’d think the latter would be a permitted suit.
Clearly it is since people have sued successfully and won (see the Detroit case linked to above)
I’m sympathetic to both sides, I wear scent at work, but sparingly. I work at a local college, kids tend to bathe in whatever is currently popular. I can see where people with allergies would have trouble. We have scent-free buildings on campus where there are signs on the doors, if a person is wearing scent, they are not allowed to enter the building.
Within limits fragrance makes the world a more interesting place. I think it was W.C. Fields who used to say, “I drink to make other people more interesting.” I wear fragrance to make myself a little more interesting to other people. The key is moderation. Years ago I had a lovely co-worker who wore Chanel perfume. I always thought it made her that much lovelier. I am far more offended by the use of crude and vulgar language.
This is interesting. I am normally on the “do not offend and try not to wear if it bothers people” side. (Canadian dontcha know!) BUT.BUT. BUT. I have a personal pet peeve regarding the litigation situation. It happens here as well. Although I did not read the other case link info, so I may be unaware of all the facts.
I really and truly believe that it is the people doing the “evil” actions that need to be dealt with. If a person knows full well that their actions will cause others misery, it is up to THEM to either, a) not do the action, or b) take the repercussions of said action (being sued). Although the workplace can foster the correct environment, it cannot control each persons actions, and honestly, should not be expected to do so. I mean seriously, are we not adults? Or are we all permanent children pointing fingers of blame elsewhere? Regardless of what went before, if these women CHOSE to hurt someone, they need to OWN that and pay the price. Oh, and policy should be made in the company regarding scent so everyone is clear of the danger to this specific person in addition. A condition imposed on the company as it relates to the health and welfare of an employee only….not suing them.
Everything is scented. Soap, shampoo, conditioner, lotion, cosmetics, laundry detergent, nail products, toothpaste, hairspray, deodorant — it’s all scented. Even “unscented” products have a scent, sometimes quite unpleasant. Compliance is almost impossible, intrusive, expensive, complicated and would involve the employees’ entire families. Just saying.
It’s not just cosmetic items either. Paper, ink. toner, correction fluid, and even some plastics are scented. It is as impossible to achieve a scent-free environment as it is to achieve a completely noise-free environment. Our surroundings are full of sound, even in a “quiet” room-clocks, computers, air conditioners, furnaces, fluorescent light fixtures, refrigerator compressors–even other peoples’ breathing. We don’t try to ban all sound or insist that people be totally silent, but we can and do regulate excessive noise. I could understand a workplace having rules against excessive scent, but banning it completely or dragging people into court is not the best way to resolve these issues.