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Saturday February 4th 2012 | 

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Frivolous lawsuits Body Odor or perfume

I smell a lawsuit
I smell a lawsuit

Something stinks in Detroit - Stupidest lawsuit over perfume.

Did you know in 2008 a lawsuit was filed and finally won last month, by a Detroit city employee who said a co-workers perfume made it challenging for her to do her job? This receives one of our stupid lawsuit awards for sure. 

A Detriot woman was awarded $100,000 in a federal case because of her inhalation sensitivity to chemical products — though she has yet to embrace her money. City officials contend conditions of the settlement could take up to 60 days after the agreement was filed in federal court Feb. 12.

McBride, who filed her lawsuit under the Americans with Disabilities Act,  complained that a colleagues perfume made it challenging for her to breathe and do her job. The city initially fought it on the grounds that there was no medical diagnosis of her condition and that she is not disabled. 

“It’s unique. I consider it should be used as an indication for others who have been having similar problems,” pronounced McBride’s attorney.

The placards will be placed in the Cadillac Square Building, Coleman A. Young Municipal Center and First National Building.

These cards will ask employees to give up from:

“Wearing scented products, together with … colognes, aftershave lotions, perfumes, deodorants, body/face lotions … (and) a make use of scented candles, redolence/perfume samples from magazines, mist or plain air fresheners …”

Other notices will go in a brand new worker text as well as referred to in ADA training, according to a settlement. 

Grant Ha, a city attorney who dealt with the case, pronounced he did not know just when a bulletins as well as alternative changes would go up, though pronounced it would occur “soon” 

Perhaps a fan to circulate the air would have been a cheaper alternative. One can only speculate the details of this case, such as how long she complained of this issue and were they ignored. I am quite certain that two adults could have worked this out rather than going to court and getting a ridiculous amount of money for something like this. I am allergic to body odor can I sue for that? How much is it worth if you smell stinking feet? I’m sure the person that has stinky feet doesn’t have a card posted warning others that their feet smell awful. Would bad breath be grounds to file yet another silly lawsuit?

According to what I have found in the Americans with Disabilities Act

Title II Technical Assistance Manual 1994 SupplementII-3.6000 Reasonable modifications.

II-3.6100 General.

ILLUSTRATION 5: S, an individual with an environmental illness, requests a public entity to adopt a policy prohibiting the use of perfume or other scented products by its employees who come into contact with the public. Such a requirement is not a “reasonable” modification of the public entity’s personnel policy.
See Also  
 
12.   Q:  Is a city required to modify its policies whenever requested in order to accommodate individuals with disabilities?

On the other hand, where an individual with an environmental illness requests a public entity to adopt a policy prohibiting the use of perfume or other scented products by its employees who come into contact with the public, adopting such a policy is not considered a “reasonable” modification of the public entity’s personnel policy. 

Or perhaps this is just an attempt to ease the financial crisis Detroit faces by seeking a community development block grant?  

18.   Q:  Is there any money available to help local governments comply with the ADA?

     A:    Yes.  Funding available through the Community

Development Block Grant program at the U.S. Department of Housing and Urban Development may be used for accessibility purposes, such as installation of ramps, curb cuts, wider doorways, wider parking spaces, and elevators.  Units of local government that have specific questions concerning the use of CDBG funds for the removal of barriers should contact their local HUD Office of Community Planning and Development or call the Entitlement Communities Division at HUD, (202) 708-1577, for additional information. 

Resources- The Detroit News:

What brand of perfume was the complaint about?


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