Woman Sues Over Excessive Perfume

[DMRick]

Yes we have the equivalent to your civil liberties but I highly doubt you would find the right to wear a scented product in our Charter of Rights and Freedoms. I also doubt you would find it in yours.

All of our individual rights aren't listed We have rights unless that right is against the law, and last I looked, wearing perfume wasn't. I wish no one wore it, but it is what it is.

 

[Took]

All of our individual rights aren't listed We have rights unless that right is against the law, and last I looked, wearing perfume wasn't. I wish no one wore it, but it is what it is.

DMrick is correct that in the U.S. the citizenry retain any rights that are not specifically "given" to the state or federal government (not the other way around). Thus, with no conflicting law on the books, an individual has the right to wear perfume ("pursuit of happiness").

That said, when an individual's right (say, perfume wearing) conflicts with the right of another to remain healthy in a public place (say, an allergy sufferer with a debilitating reaction to perfumes), the courts have often been willing to curtail individual freedeoms in favor of individual health.

Some of that principle seems to be operating in the successful lawsuit that began this thread.

 

[angelmav]

There is something that is not right with the chain of events for her complaint though which makes me think that when she first complained about it that it was not medically documented and therefore wouldnt have fallen under the provisions of the ADA guidlines for the employer to accomodate her. I suspect that after that, both dug in their heels and it escalated. Otherwise this wouldnt have taken three years to settle as ADA guidelines are quite clear.

 

[Scurvy]

Regarding the McD's lawsuit. What part of "HOT" coffee did the lady not understand. Because of her I know get luke warm coffee at Starbucks. You don't drive and have a hot cup inbetween your legs.

She actually wasn't driving. Her grandson was, but he had stopped the car so she could add sugar to her coffee. She (foolishly) held the cup between her knees as she was trying to remove the lid and that's when it spilled. The burns were so severe that she needed skin grafts. I expect my hot beverages to be hot, but I'd never expect that they would be hot enough that I would need skin grafts if it sloshed onto me!

This is going to open up a whole can of suits from now on. What about the folks with foul body odor? what about the chain smoker of cigar smoker? I take care of folks in my ER that if they would only wash that shirt more than say....just once a year it would increase their image 100%. Heck if they just ran it under a water faucet once would be better.

I was wondering about the bolded while I was reading this thread. Most perfumes don't bother me, but smoke definitely does. I can't be in the same room as some of my husband's relatives without getting a blinding headache. They are chain smokers and the smell that clings to them gives me a migraine. If I worked with someone like that, I''d have to find a different job. There's no way I could function if I had to be around them all the time. It would never have occurred to me to sue - after all, simply smelling like smoke isn't against the rules anywhere. But after this ruling, I have to wonder if I would have a case if I did choose to sue my workplace if they refused to make sure that no one smelled too much like smoke. I still wouldn't sue over something like that, but I wonder if the day will come when someone else will.

 

[declansdad]

I was wondering about the bolded while I was reading this thread. Most perfumes don't bother me, but smoke definitely does. I can't be in the same room as some of my husband's relatives without getting a blinding headache. They are chain smokers and the smell that clings to them gives me a migraine. If I worked with someone like that, I''d have to find a different job. There's no way I could function if I had to be around them all the time. It would never have occurred to me to sue - after all, simply smelling like smoke isn't against the rules anywhere. But after this ruling, I have to wonder if I would have a case if I did choose to sue my workplace if they refused to make sure that no one smelled too much like smoke. I still wouldn't sue over something like that, but I wonder if the day will come when someone else will.

I would guess that the smoker would argue that it is an addiction and would need to be treated in that manner.

 

[Ciciwoowoo]

I know that I had to leave my class at college one time due to a girl there wearing excess perfume. I had a horrible asthma attack because of it! I choose not to wear perfume because of this incident. I know I can't be the only one who is sensitive to strong scents!

Take a shower people! Clean is pleasant enough. No need to for the flowery smell!