Woman Sues Over Excessive Perfume

[mykidsand_i]

Just saying, if someone knows they are causing another person to become ill, that's wrong.

Yes, very true...BUT there are two different 'sides' and 'many possiblities' to this story. None of us have the full information, so there's no way we can say either side is 'in the right' or 'in the wrong'

1...before this lady sued, I sure hope she took the proper steps- talking to the heavily perfumed/scented woman (on more than one occasion)...and that would put that heavily scented woman in the wrong- because then she is AWARE that she's causing someone to be ill.

2...did she talk to her own boss- and if He/She is the one who blew her off, then he'd be in the wrong- but from what i read, we don't know if it was her boss or her bosses boss, or really who it was...

3...did this lady just put up with the smell and it became so bad one day she blew all the way up to the boss with her complaints and skip over everyone else she should have spoken to in the first place?

People sue WAYYYYYYYY too often now days. I don't know if this lady is one of them or not. I'm wondering why she sued who she did...

-the lady who was heavily scented was the cause of the problem, not the city.

-if she sued the city she'd only be able to sue BECAUSE of her bosses reaction, not because of the main problem- because he wasn't the one causing her illness.

 

[golfgal]

most coffees are kept at 155 degrees, that was at 180. Enough to cause her to be hospitalized for 7 days and having skin grafts? I expect hot coffee but not enough to maim me.

http://lawandhelp.com/q298-2.htm

I think it probably had a lot to do with the fact that they were warned repeatedly and there were over 700 complaints about it.

I don't care if it was 500 degrees, it shouldn't have been between her legs to begin with-PERIOD, end of story-a REASONABLE person would not DO THAT.

 

[Lisa loves Pooh]

Bingo!! And then everyone wonders why people are so paranoid for everything assuming they WILL be sued. Duh!!! People complain that no one says they are sorry for anything or attempt to help but that's because people know if they say or do anything, the person they are helping is going to turn around and sue them for the heck of it because they see $$$$$$$$$$ and people are greedy.

I know it's a cynical look at things but all one has to do is look in the papers, listen to the news, read message boards -- 1/2 the time the answer immediately is "sue them" for lots of things.

It's also why you get all the warnings on everything to the point of insanity but it's to CYA so that when you do get sued, you hopefully won't lose.

I'm just wondering if it was the particular type of perfume not so much the amount and what if it was her deoderant instead or other things? It seems like if there isn't more to this story in ways of trying to correct anything -- her first answer after the boss didn't really do much was to immediately sue. So, now that she has the money, does that mean she is going to quit her job or is she still just stuck sitting next to the person who wears too much perfume? Can the person who apparently wore what the other people deemed excessive sue for mental anguish (sp?) for being part of this?

What's important here--she didn't sue the individual. She sued her employer who refused to accept any liability and remedy a situation.

Take it out of the perfume context...if she was being sexually harrassed and her employer refused to do anythng about it, she'd have to sue the employer.

No--I'm not comparing assault by perfume to sexaul harrasment--but sometimes there is little option left than to sue.

And in this economy, why should she have to find a new job b/c her employer is unwilling to institute a simple remedy so that she can work safely and not compromise her health in that environment by the actions of one employee.

A little info on my perfume allergy--I'm not allergic to the "perfume"--it is certain scents....any scent in which ANY synethetic floral scent is used. (same problem with candles). I can do spice scents no problem.

My allergist actually calls it heigtened sensitivity versus an actual allergy, but my physical reactions are the same to synthetic flowers as they are to my confirmed grass allergy.

What she does with the money is her business. Winning money in a lawsuit doesn't make her lawsuit frivolous.

 

[cybrkitn]

I'm on the side of the woman who sued since her boss didn't do anything about it. However, I disagree with the amount. That's a bit excessive IMO.

However, I'm also one with allergies and perfumes flare up my nasal allergies. Certain perfumes actually cause my throat to constrict. I've almost passed out b/c of a perfume that someone in my church used. I didn't realize it until I was asked if I was ok cause it looked like I was about ready to faint. I got myself to an allergist after that episode and have a nasal spray, but that doesn't always work.

I had a similar experience at my old job where one of the sales rep would visit about once a week. It smelled like she took a bath in the perfume she used. It got so bad for me, that I brought my concerns up to my boss (the executive secretary to the office mgr) and she addressed it.

 

[Golf4food]

Good for her. People that don't have allergies or scent sensitivities have no idea what it can be like. It if takes a lawsuit here or there to start getting the point across then so be it.

I'd love to be able to file a suit against Abercrombie & Fitch for "olfactory assault and battery" because all of their stores are so overstuffed with their strong perfume scent that even hundreds of feet away it still accosts you like a cloud of death. We move to the opposite side of malls to get as far away from them as possible and hold our breath as we pass, but it is still overpowering.

Perfume is supposed to only be noticable by people right next to you, not people 10+ feet away. Dab it on, don't bath in it.

 

[Pakey]

I think she has every right to sue if her employer did not remedy the situation. Perfume is not mandatory. I'm allergic to this stuff too; perfume, scented lotions, air fresheners, candles, etc. Neither my husband and I have any in the home and everyone on my staff is aware of it and does not wear it/use it at work. I run an air purifier in my office (I have a lot of allergies) but there's no way it could handle heavy perfumes in a closed environment without clogging up and gettting a terrible headache.

 

[Lisa loves Pooh]

Good for her. People that don't have allergies or scent sensitivities have no idea what it can be like. It if takes a lawsuit here or there to start getting the point across then so be it.

I'd love to be able to file a suit against Abercrombie & Fitch for "olfactory assault and battery" because all of their stores are so overstuffed with their strong perfume scent that even hundreds of feet away it still accosts you like a cloud of death. We move to the opposite side of malls to get as far away from them as possible and hold our breath as we pass, but it is still overpowering.

Perfume is supposed to only be noticable by people right next to you, not people 10+ feet away. Dab it on, don't bath in it.

lol!

It seems everyone's favorite store at Downtown Disney is Basin.

I have to keep at least 20 feet or more away from the store. The scent is that bad for me.

However, I don't have to go in there--so suing...nahhhh.

But it sounds like you are like me--hold breath, walk fast, find fresh air, before the oxygen runs out.

 

[cybrkitn]

A little info on my perfume allergy--I'm not allergic to the "perfume"--it is certain scents....any scent in which ANY synethetic floral scent is used. (same problem with candles). I can do spice scents no problem.

My allergist actually calls it heigtened sensitivity versus an actual allergy, but my physical reactions are the same to synthetic flowers as they are to my confirmed grass allergy.

Sounds very similar to what my allergist told me. I can take light flowered scents (lilac, certain types of rose, hydrangea, jasmine). Others irritate my eyes, nose and throat.

I was given the skin test and found that I'm not "allergic" to anything, meaning no skin reaction. But cut grass, even though I'm not allergic, has flared up my nasal rhinitis (aka hay fever). When that happens, my nose looks a bit swollen, it's runny and my eyes water.

 

[Planogirl]

lol!

It seems everyone's favorite store at Downtown Disney is Basin.

I have to keep at least 20 feet or more away from the store. The scent is that bad for me.

However, I don't have to go in there--so suing...nahhhh.

But it sounds like you are like me--hold breath, walk fast, find fresh air, before the oxygen runs out.

I love Bath and Body Works but I can't stay there for long. I know to be quick and stay away the rest of the time.

 

[Maridw]

I worked with someone who had severe asthma and COPD and could not be around someone with perfume. She would not be able to breathe if someone came into our office with heavy perfume.

I found I did not mind not wearing perfume and was eventually able to wear light smelling body sprays. Since working with my friend, I find that I don't put as much perfume or body spray on as I did prior. I have been around people that are completely doused in perfume and I have had trouble with it and I am not overly sensitive.

This woman's boss should not have ignored her complaint. She was right in going that extra step to make her work environment more hospitable.

 

[KiKi Mouse]

I work for our federal government and we have a "no scent" policy in the building. People ignore it for the most part.
I am one of those people that gets migraines from cologne/different perfumed stuff.
We had a guy working in my department that soaked himself in cologne. I complained many times. I would go home and have to lay in bed in the dark and I would throw up. It was brought to his attention many times but he didn't understand and just thought that maybe he could just wear a different scent and it would be okay.
My allergist wrote a letter to my work about it which is on my file. It helped. The guy never said anything to my face but I heard he was complaining about me on other teams.
Why should that be tolerated in a work place? i was fortunate in that my employer had a policy in place. Had they not I may have had a harder fight on my hands.

I am glad this woman sued and won. It sends a message to other employers.

 

[Lisa loves Pooh]

Sounds very similar to what my allergist told me. I can take light flowered scents (lilac, certain types of rose, hydrangea, jasmine). Others irritate my eyes, nose and throat.

I was given the skin test and found that I'm not "allergic" to anything, meaning no skin reaction. But cut grass, even though I'm not allergic, has flared up my nasal rhinitis (aka hay fever). When that happens, my nose looks a bit swollen, it's runny and my eyes water.

The grass allergen inflamed my whole back side when they did the scratch test.

I only get hives if I'm rolling in the freshly cut stuff--but my "airborne" reaction is nearly identical--though more harsh with the grass.

I have specific flowers (mostly open pollinating--like a magnolia, azalea, gladiola)--that I am allergic to. But they were not part of the scratch test. Same problem as the grass.

 

[stashbin]

Can I sue my co-worker for not wearing deoderant? He smells so bad that it nausiates me!

 

[Handbag Lady]

I would be pretty angry if someone told me I couldn't wear perfume any longer.

But then again, I also don't wear enough to kill people. I've worn scents since high school and no one has ever asked me to not wear it. I don't know what I would even say if someone said something; I'd be mortified because that would mean that I put on too much.

I also don't go around plugging in room scents in my cubicle, either.



Now, if I could only do something about the very loud person near me who can't speak unless shouting, I'd be a happy worker.

 

[englishteacha]

I'm another person with sensitivity to perfumes and chemicals in general. I have an epipen in case of a severe reaction. I have teenage students and at the beginning of the year I have to tell them about my "condition" and ask them not to wear perfume/cologne/body spray. At their age, they often drown themselves in Axe!

 

[EMom]

It's not going to make the The Scented Lady ill if she can no longer wear perfume to work. She will learn to deal with it. However, her coworker becomes ill from being around the unnecessary scents. This is so simple I cannot believe it's even being debated. One person is doing something that makes a coworker sick and there's no reason she has to continue doing it. It can stop immediately and should. The boss should have grown a pair and made her stop wearing the perfume, but didn't. So the woman had to sue and won. Good. Maybe more employers will read about it and will tell their workers to lay off the perfume and cologne. And the godawful scented candles.

 

[disykat]

My brother is allergic to perfume so I don't wear it around him. It is not that hard. I work with kids that have many allergies, I don't bring foods to work that bother them. What an uncaring co-worker to keep wearing so much perfume.

If only more people were like you!

It seems her employer was unable to accomodate her needs and thus her lawsuit was justified and hence she was awarded money.

I'd see it no different than someone with any other kind of medical issue and the boss just said "meh" and did nothing.


Now if she worked in a perfume factory--she'd have no case. But that's probably why she chose to work for the city.

ITA!

I also don't go around plugging in room scents in my cubicle, either.

I saw that last night and was !

I have been able to go to church for the last few weeks without having to get up and move to a new location several times before finding a place I can sit through the service. Our church has been posting pleas to watch perfume use. It is really helping - I wish we'd done it years ago! There's nothing wrong with a little fragrance that people can smell when they are up close. However, if people comment on how you smell from several feet away - you are wearing too much fragrance!

 

[hrh_disney_queen]

most coffees are kept at 155 degrees, that was at 180. Enough to cause her to be hospitalized for 7 days and having skin grafts? I expect hot coffee but not enough to maim me.

http://lawandhelp.com/q298-2.htm

I think it probably had a lot to do with the fact that they were warned repeatedly and there were over 700 complaints about it.

I was going to post that another Disser explained this lawsuit to me and McDonald's neglect really was something that was punishable. Was that you?

 

[dawson5]

I was going to post that another Disser explained this lawsuit to me and McDonald's neglect really was something that was punishable. Was that you?

Nope. This was brought up on another discussion board. For the longest time I thought it was frivolous until read the facts. It changed my mind entirely. That discussion board is now dead, I can find it on wayback machine but getting to the actual thread is near impossible.

 

[allison443]

I googled the plaintiff's name, and found a link to a federal court decision which contains a lot of facts about the case if anyone is interested.

http://www.websupp.org/data/EDMI/2:07-cv-12794-14-EDMI.pdf

Basically the plaintiff had a lifelong chemical sensitivity/allergy to strong scents and perfumes which caused quantifiable symptoms. She worked for the city of Detroit beginning in 2000. In july of 2006 she got a new coworker, the one with the strong scents. She had a reaction, missed time from work, had to get medical treatment. She documented the problems and asked in writing for an accomodation under the Americans with Disabilities Act, specifically a "no scent" policy at the office. The city refused to make this accomodation and wouldn't offer any alternative accomodation (example, they could have moved the plaintiff or co-worker).

The plaintiff sued under the ADA and the city tried to get the case thrown out claiming that plaintiff's chemcial sensitivity was not a "disability" under the ADA. The decision I cited above ruled that it was in fact a disability and the lawsuit could proceed.

Recently the lawsuit SETTLED (not a jury award) for $100,000, and guess what, the city of Detroit is now insitituting a "no scent" policy in its office building. They could have saved the city a lot of money if they had just done that in 2006.