Legal Question in Discrimination Law in Ohio
Is a person's way of life discrimatory,to the workplace?
My husband works for a printing company as a ''Customer Service Representative'' He shares the office with other people.
Some complaints have surfaced, and my husband was asked to go home and change his clothes.
Now, we cook and heat by wood, and apparently the smell of ''wood smoke'' is offensive to them.
Now, my question is: Is this a form of Harassment or dicrimination aginst our lifestyle.
Isn't the smell of aftershave and perfume offensive also ? And was the employer within his rights to ask my husband to go home and change his clothes?
Mine you also, that I wash, dry, and iron his clothes, and they are hanging in another room, where the smoke is minimal. No one other than this company had ever complained about the smell.
Thank you so much for your time, and effort you have put in to answer this questions.
[email protected] or 740.743.1115
2 Answers from Attorneys
Re: Is a person's way of life discrimatory,to the workplace?
I generally agree with what Mr. Jacobs has posted. Your question, however, raises a common issue, and for the benefit of others who might read here, I thought I would add to his response.
The common issue you raise is whether employees can be protected from discrimination and harassment that results from co-workers or employers who do not like something that you have done. In most cases, you will not be protected. Most discrimination and harassment laws are designed to protect people from being harassed or discriminated against because of who they are, not because of what they have done.
Look again at Mr. Jacobs' list of what areas are protected. Except for religion, each of the traits protected are traits that you cannot control. As for religion, our law views that choice to be one so deeply rooted in us that it rises to a level of being who we are instead of what we have done. Some laws may expand upon Mr. Jacobs' list, but the laws almost always follow the genreal principle I am stating here.
This is not to say the law never protects employees for certain things they have done. But protected activities are very limited. In most cases, the activity will have to be one that is associated with your exercising a legal right related to your employment. For example, employers cannot retaliate against employees who attempt to form unions, or who make worker's compensation claims, or file discirmination claims.
The law is not designed to control all social behavior at work. Some difficulties and disagreements must be resolved either by compromise with the offending party or by choosing to leave your employment. Your situation looks like it fits in this category.
Re: Is a person's way of life discrimatory,to the workplace?
As long as he is not being discriminated against because of his race, age, gender, nationality or religion, he is not protected.
Is he in a union?
Joe Jacobs
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