Reprinted from the May 1, 2007 issue of MANAGER’S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

Stinky Situation: Employee Denies Hygiene Problem Exists

Every manager who has ever had to confront an employee about a body odor problem crosses his/her fingers that the employee agrees there is a problem and works to rectify it, thus, minimizing the embarrassment for all involved. But that's not always the case. Learn what to do when an employee and her doctor claim there isn't a problem, but co-workers complain that there is.

THE PROBLEM

As soon as manager Roger Tote met Marianna Rutger, he noticed a pungent odor about her. He wondered if it was just him. It wasn't. A worker informed the new manager that Rutger's body odor was a long-standing issue within the department. In fact, within a matter of weeks, six other employees complained about Rutger's odor and admitted to keeping a can of air freshener in their office to use after she left.

"I am concerned you may have a personal hygiene condition that is negatively impacting our work environment," Tote told Rutger. "I’m not accusing you of wrongdoing. However, I feel I would be remiss in my duties as a manager if I did not attempt to address the issue."

Rutger vehemently denied having a problem. In light of that, Tote set up a second meeting; this time, with their department head, so perhaps Rutger would understand the gravity of the situation. The employee continued to deny she had a problem, even going so far as to present a doctor's note that stated he had examined her and she "does not have any abnormal odors or hygiene problems."

Rutger wound up taking a leave of absence and never returned to work. She ultimately filed a lawsuit, alleging that Tote's treatment of her personal hygiene issue was retaliation for a prior discrimination charge. A court dismissed the claim because the employer had treated an employee with a flatulence problem the same way.

THE SOLUTION

Don't let an employee's denial of a hygiene/odor problem deter you. Your hands are not tied just because the employee doesn't agree, or even if the employee has a doctor's note confirming his/her contention. To get an employee in denial to face facts, you might have to tell him/her the truth about co-workers using air freshener or airing out their office after the employee comes by. While embarrassing the employee shouldn't be part of your plan, getting him/her to recognize a problem exists should be.

Regardless of whether the employee admits to the problem, spell out what improvements you expect to see, complete with a timeline and consequences, as you would for any other performance issue. Depending on the circumstances, you may require immediate improvement or, at the very least, the employee must show he/she is taking steps towards improvement (e.g., making a doctor’s appointment).

Warning: If an employee denies there's a problem because he/she bathes daily, launders clothes regularly, etc., gently suggest that the employee see a doctor. Never assume there is a medical issue and require employees to go.

Follow up to make sure he/she got your message. Be prepared to follow through on the consequences of failing to make an effort.

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