Bladder Problem

MERRY

An employee is extremely overweight, walks very slow and has a problem soiling their office chair. Other employees work very close to this employee. The other employees are beginning to complain of the odor and not wanting to work near the employee. The employee has been talked to on several occasions, even asked not to wear perfume. Any suggestions on how to handle this?

Hatchetman

For most situations, being overwight is not automatically a disability. There may be a few unusual situations that being overweight could fall under ADA, but that certainly, at this point isn't the case here (the only reason I mention it is to make sure you don't go into that line of inquiry).

You continue to handle the problem the way you are. There is nothing obvious that this person has a medical conition that COULD be a disability. He just may be a slob or have poor personal hygiene. So, if you need to counsel and then disciline, then do it.

Be alert though. The time that you would normally have to consider ADA as something to look into in this type situation is if the employee raises claims he has a medical condition that is causing these problems, and needs accommodation (or other words to that effect).

When these incidents and problems have been discussed with him, what has he proferred in the way of an explanation?

bsa

DEPENDS?! -- all pun intended. Having had experience with a similar problem, I am allowed.

On the serious side, personal hygiene is one of the toughest problems for HR to address. You must be sensitive, yet firm that the problem is jeopardizing their job. I agree with Hatchetman that you should be alert to the subtle suggestions of a medical condition and be prepared to request verification. ADA is all about two-way discussion and acting like reasonable adults.

David Hagaman GA

I agree with Hatchetman that an overweight condition is not normally considered a disability under the ADA. Morbid obesity--whatever that is--is or can be an ADA disability. Personal hygiene issues are difficult, but an employer normally has the right to progressively discipline an employee for personal hygiene issues, particularly if they disrupt the workplace or result in employee complaints. One word of caution. You must insure that your discipline of this employee is consistent with discipline imposed on others who had similar problems, if the person you referred to is in a protected group. Your inquiry seemed to indicate the person is a she; therefore, you must treat her the same as you would treat similarly situated male employees. Same if she is over 40. Documentation of the process is also important.