Dealing with Hygiene Issues in the Workplace Linda Carter Batiste, J.D., and Beth Loy, Ph.D. Principal Consultants

Hygiene Issues in the Workplace Topic ADA and Hygiene Issues in the Workplace

Hygiene Issues Americans with Disabilities Act (ADA): Modifying conduct policies is a form of reasonable accommodation Dress codes Health and safety rules Interaction with others

Hygiene Issues Examples: Flatulence (gastrointestinal disorder) Halitosis (diabetes) Sweat (hyperhidrosis) Open sores (infection) Flaking skin (dermatitis) Body odor (obesity) Urine/feces smell or on surfaces (incontinence) Disheveled appearance (depression) Filthy office (hoarding)

Hygiene Issues How do managers typically hear about these issues? Coworkers Customers/clients Firsthand knowledge

Hygiene Issues What not to do: Ignore Send anonymous note Find another reason to fire Force the employee out

Hygiene Issues What to do: Step 1 Prepare to talk with the employee Confirm the problem Decide who will talk to the employee Decide what will be said Know work environment and job

Hygiene Issues What to do: Step 2 Begin the discussion Have a private meeting Allow enough time Be sensitive, but straightforward Explain the problem, expectations, timeframe Offer to help

Hygiene Issues What to do: Step 3 Employee denies the problem A university professor was known to keep a lot of books and papers in his office, but recently was asked to clean it out when university officials became aware of a rodent infestation. A few weeks later, the professor still had not cleaned out the office. When confronted, he said he needed everything he had and refused to remove anything.

Hygiene Issues What to do: Step 3 Employee acknowledges the problem, does not mention disability An employer started receiving customer complaints about a sales rep’s appearance, that she’s been disheveled and smelled like she wasn’t bathing. When the employer talked to her, she said she was going through a divorce and hadn’t been taking care of herself. The employer suspects the employee is depressed.

Hygiene Issues What to do: Step 3 Employee acknowledges the problem, discloses disability After receiving complaints from coworkers about an employee passing very smelly gas frequently, an employer sits down with the employee to discuss the problem. The employee said he is aware of the problem, but didn’t know it was that bad. He indicated that he has a gastrointestinal disorder that has flared up recently.

Hygiene Issues A Word about Reasonable Accommodation Must be effective Employer gets to choose Do not have to provide if it causes an undue hardship Make a good faith effort

Hygiene Issues JAN’s Interactive Process

Hygiene Issues Interactive Process: Gathering information Does the employee want to explore accommodations? Does the employee have suggestions? Do you need medical documentation?

Hygiene Issues A Word about Medical Documentation Confirm ADA coverage (disability) Confirm problem is related to the disability Get information about the problem Ask for possible solutions

Hygiene Issues Interactive Process Exploring accommodations Remember employee's suggestions Keep doctor's input in mind Timeframe Work triggers Use outside resources such as JAN if needed

Hygiene Issues Scenario: A receptionist had been leaving urine on her chair and her workspace smelled of urine. Coworkers had to use the space when they filled in for the receptionist during breaks and lunch. When approached about the issue, she indicated she was trying new medication that might take a couple weeks to work. The employer offered leave, but she wanted to continue working.

Hygiene Issues Scenario: A claims processor with hyperhidrosis asked for a new supervisor because her current supervisor stressed her, which caused her condition to worsen. The employer did not want to change the supervisor so asked why the employee needed the change. The employee explained that the supervisor often looked angry and sounded like she was yelling.

Hygiene Issues Scenario: A food service worker started coming to work with what appeared to be wounds. However, when the wounds started smelling, the employer found out the employee had an infection. The employee indicated that he could not afford to take leave while the infection was being treated so he asked to keep working.

Hygiene Issues Interactive Process: Choosing accommodations Employer gets to choose among effective options, but… Give preference to the employee's suggestions

Hygiene Issues Scenario: An accountant with body odor asked to work at home until she could get the problem under control. Her employer was concerned about isolating the employee at home and decided to give her a private office with an air-purifier. The employee tried the private office, but she was still embarrassed about her body odor.

Hygiene Issues Scenario: An employee recovering from colon cancer had a colostomy bag, which often smelled of feces. When confronted about this problem, the employee said she had been embarrassed about cleaning the bag in the employee restroom so she hadn’t been cleaning it enough. She asked if a private area could be provided, but her employer wanted her to wear adult diapers over the bag.

Hygiene Issues Interactive Process: Implementing accommodations Try it out if you are not sure it will work Do what is necessary

Hygiene Issues A Word about Confidentiality under the ADA Supervisors and managers: Inform on a need- to-know basis Coworkers: Do not discuss

Hygiene Issues Scenario: A retail clerk with a skin disorder had been leaving flaking skin around the store. HR talked with the employee and he agreed to wear a long sleeve shirt even though the company uniform was a short-sleeved polo shirt. When his supervisor was informed, she asked if she could tell coworkers so they would know why the employee didn’t have to follow the dress code.

Hygiene Issues Interactive Process: Monitoring accommodations Facilitate open lines of communication Check with employee periodically Do not ask for updated medical documentation unless warranted

Hygiene Issues Scenario: A paralegal with diabetes was having trouble keeping her blood sugar under control, which led to very bad breath. She and her employer agreed that she would temporarily be excused from going into court during trials. They agreed to reassess the situation in three weeks, the amount of time her doctor estimated it would take to get her condition under control.

Hygiene Issues A Word about Discrimination under the ADA Do not base decisions on: Myths, fears, or stereotypes Customer/client preferences

Hygiene Issues Scenario: A hostess in a restaurant was burned in an accident and had severe facial scarring as a result. Once she returned to work, customers complained about how she looked.

Hygiene Issues Other Issues: Coworkers “smells” or “particulates” negatively impacting an employee with a disability Conversation is with the coworkers

Hygiene Issues Scenario: An office worker who worked for a construction company was sensitive to fragrances. She asked the employer to implement a fragrance free policy asking coworkers to voluntarily refrain from wearing fragrances. The employer wanted to look for other options, found a filtering mask, and suggested the employee wear it. The employee did not want to wear a mask.

Hygiene Issues Scenario: An administrative assistant was severely allergic to cigarette smoke. She asked her employer to ban all employees from smoking, on and off the job, as even lingering smoke in co-workers’ clothing affected her. She could not do her job from home or without interacting face-to-face with co-workers. The employer denied the employee’s request.

Hygiene Issues Summary Straightforward conversation Employee denies the problem: apply usual policies Employee acknowledges the problem: give time frame based on policies Employee acknowledges and discloses: enter into the interactive process

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