Plant Services - December 2007 - (Page 37)

IN THE TRENCHES ous performance reviews. It was at this review that Chris submitted a follow-up medical form. The doctor now told Acme that Chris has a serious health condition, which is a result of the allergy and that he can’t work when the symptoms arise. Acme felt justified in terminating Chris and thought the matter closed. But, Chris sued, claiming that Acme had discriminated against him by refusing to accommodate his disability. How could this situation have been prevented? Can Acme dictate hygiene matters? How would the situation differ if a nonallergic Chris never bathed? Does an allergy require workplace accommodation? Is there a practical way to do it? Should preemployment physicals be mandatory? If Acme wasn’t willing to accommodate Chris, shouldn’t they have terminated him within the first 90 days after they learned about the allergies? and said it made them sick. Romeo was told to get rid of the stink or find himself another job. So, if someone’s aroma makes coworkers ill, either the person or the smell goes. However, even this could get complicated if the odor is caused by a health-related problem. Chris’ problem is a different. A lot of things at Acme make him ill. So, the question is whether Acme should or can get rid of all smells, or can move Chris to an environment devoid of odors, or gets rid of Chris. Chris sued under the ADA, which states that companies must make “reasonable accommodations” for people with disabilities. Chris has argued that Acme didn’t do that. However, the complication is that the law seems to have avoided the question of whether a perfume allergy is a disability. I’m not sure if Chris even has a valid complaint. Acme has the right to ask workers to avoid wearing perfume, if it wanted to push this. But I’m not sure doing so would help because Chris seems to be allergic to a variety of odors. Acme attempted “reasonable accommodation” by asking employees toSolution - 3.27 perfume, allowing Falk Complete avoid the use of x 4.89.qxp 7/25/2007 An academician says: My favorite smell story is an office guy who went online to buy a special cologne that was guaranteed to attract women. However, those in his office found it putrid and nauseous, 11 FALKTM DRIVE ONE® The complete drive solution! Falk Drive One has the complete solution for conveyors, mixing, pumping, and most heavy duty drive applications. Call for details USA: 414-342-3131, South America: 56-2-231-5647, Europe: 44-1484-401842, Asia-Pacific: 65-6-444-0388, China: 86-21-64977890, Australia: 61-2-4962-8000 www.rexnord.com 1-866-REXNORD December 2007 www.PLANTSERVICES.com 37 http://www.sulmac-deway.com http://www.sulmac-deway.com http://www.rexnord.com http://www.PLANTSERVICES.com

Table of Contents Feed for the Digital Edition of Plant Services - December 2007

Plant Services - December 2007 Contents From the Editor: Orange Alert The PS Files: Pressed into Innovation Up and Running What Works: Samuel Adams Facility Refreshed in Cincinnati Energy Expert: Energy's "Perfect Storm" Technology Toolbox: Know Your Position Cover Story: Get a Grip on the Steamer Piping: Outside Looking In Web Hunter: Potpourri X In the Trenches: Making a Big Stink Boiler Room: Getting Educated

Plant Services - December 2007

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