“DJFS offered to request staff not to wear Japanese Cherry Blossom, an accommodation specifically requested by plaintiff initially, and plaintiff failed to show that any other fragrance significantly affected her ability to breathe,” the court’s ruling said.
— Remember the Japanese Cherry Blossom lawsuit? The U.S. District Court ruled against the plaintiff, but after an appeal, she might get a payout anyway. Read more at $20K deal for worker in perfume case at the Springfield News-Sun.
I like that scent! I didn’t hear of this case, interesting.
I am usually more sympathetic to these sorts of cases than most perfumistas, but this case sounds kind of crazy — she was just bothered by that one perfume, no other.
I’m in her corner, I have to say. I am a perfume nut (a nicer word than what I was thinking) but some years ago an office mate of mine took to wearing either “Bluejeans” or “Bluegrass” — something like that, I don’t remember. I also have a mild asthma, and this scent somehow caused my airways to close right up tight. Another office worker would wear heavy Cinnabar and she also smoked — a combination that made me nauseous — but that Blue-something or other actually made it very difficult to catch my breath. I finally just said to her, “when you wear that specific scent it bothers my asthma terribly.” She said she wouldn’t wear it again, and didn’t. Problem solved. (Interestingly I was also a social service worker at the time…coincidental!)
Totally understand — I am not against fragrance free workplaces. I suppose I’m not in her corner because they offered to make people stop wearing that fragrance. She is getting paid off, I assume, just because fighting the lawsuit further would cost more than giving her 20K.
I’m usually more sympathetic as my favorite nephew has asthma, although he wears colognes and says none of my fragrances bother him and he enjoys smelling them. But I don’t feel much sympathy here. They offered this woman shorter hours, a private office and bathroom and she didn’t respond. Sorry, I think in this case she just didn’t want to work.
Perfume allergies are real and do feel bad for those who have. On the flip side, sadly, I have seen blatant abuses of the Family Medical Leave Act and disability claims.
When I was in the hospital last year w/ a burst appendix and life-threatening peritonitis, I came to identify one of the ward nurses with the perfume she wore: Japanese Cherry Blossom. She was so caring and gentle (and I was in such wretched shape) that I came to associate her scent with healing, compassion, and hope. I know that many health care facilities forbid personnel from wearing fragrances, but I am SO glad she did, because when I smelled those cherry blossoms I’d think, “It’s spring outside– I HAVE to get better so that I can leave this place.” And on the day I was released, the cherry trees in the hospital courtyard had just started to bloom.