Legal Question in Employment Law in Florida

Re: Body Oder

There is no law against such a discharge per se, but if the body odor is caused by a medical condition, then the company should perform an ADA analysis before taking any action to avoid disability discrimination.

Regardless, discharge is not the way to go, at least not in the first instance. Either an HR person or a manager should take the person aside and, as diplomatically as possible, explain that there is an odor issue that must be dealt with. Recommendations can be made to see the company's doctor if there is one, or even to pay for a doctor's visit if need be, for hygiene advice. This should be done confidentially and gently. If the person reacts badly, give him some time to consider it - then reapproach him. If he is not willing to address the problem, then the company should let him know they will need to take action which may include discharge. All of this should be done as kindly as possible. If the employee indicates that a medical condition is at play (the company should not raise this issue itself), then the company should consider its ADA obligations.

Good luck.

Jeff Sheldon

The Sheldon Law Firm

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.