Legal Question in Employment Law in Pennsylvania

Re: Employee body odor offending others

You asked about a personal (or is it personnel issue) with regard to an employee.

As you are a supervisor your situation is a little more precarious than the average employee. You should probably proceed through your EAP.

Just because an situation is a medical condition does not excuse any effect that the condition may have on employment. A medical condition only has protection if it rises yto the level of a disability (as that term is defined at law), the person is qualified and able to perform his/her job with or without accommodation and accommodation is reasonable.

In some situations the condition you describe (offensive body odor), even if it were a medical condition, would not rise to the level of disability. If it did, there are still many situations where reasonable accommodation would not be effective short of removing the odor.

Just because someone suggests that a condition is medically founded does not mean the employer is without recourse. The employer can seek medical investigation and documentation of the condition and require the person to pursue reasonable means of treatment or remediation as part of its accommlodation process.

you really need tyo involve your EAP and HR personall to resolve this issue. I would also suggest an emmployment attorney. (I would be glad to help.)

Regards,

Roger Traversa