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Thursday, February 9, 2012

A Legal Perspective on employment protections for body odor


A fellow sufferer with IBS related body odor, who wishes to remain anonymous and who is also a lawyer, was inspired to write a 12-page brief treatise as an adjunct to Cheryl Field's April 2011 MEBO Presentation on Social Security and Employment Discrimination. We are most grateful for this thorough and very informative pro-bono work written from the heart for fellow sufferers.

Our most profound gratitude goes to this lawyer for providing us with these 12 pages of meaningful information.
Even though the United States, England and Wales practice Common Law and have many similarities, each has, of course, different laws based on precedential decisions of courts in each country. However, it is likely that they would have a similar "perceived disability" theory, but unfortunately, we don't know how successful it's been. Perhaps there is a lawyer in the UK that would be willing to do a comparison document to this one??? It would be much appreciated.

The following are some excerpts from this treatise,

"A LEGAL PERSPECTIVE
ON EMPLOYMENT PROTECTIONS FOR BODY ODOR
.
"

For full article, please click on link.



This brief treatise is an adjunct to Cheryl Field's April 2011 MEBO Presentation on Social Security and Employment Discrimination. Although created by a licensed U.S. attorney, nothing detailed in this document should be construed as providing legal advice or creating an attorney-client relationship. It was created purely for information purposes and not as an attempt to solicit clients. You should consult with a local attorney with respect to any topic contained herein.

For ease of use, this document is in Question and Answer Format.



Q. I have body odor/breath odor issues. Am I protected by Equal Employment Opportunity Commission (EEOC) employment discrimination laws?


A. You could be if:
(a) You are/were/or would be employed as an employee (not an independent contractor)by a "covered employer or entity" and
(b) Your body odor/breath odor illness qualifies as a disability under the American withDisabilities Act (ADA)...



Q. Does my body odor/breath odor constitute a disability under the ADA?


A. Maybe. There are no laws or regulations that specifically address body odor/breath odor as potential qualifying disabilities. However, recent case law indicates such issues could be considered disabilities in certain situations. See Questions below. Disability determinations are generally handled on a case by case basis...



Q. Doesn't having a persistent or frequent body odor/breath odor issue substantially limit the major life activity of working? I get lots of negative responses to the point I don't want to work or even leave the house.


A. It is possible to be disabled on this basis but is harder to prove for body odor/breath odor sufferers...
Click here for full document,"A LEGAL PERSPECTIVE ON EMPLOYMENT PROTECTIONS FOR BODY ODOR."

Our most profound gratitude goes to this lawyer for providing us with these 12 pages of meaningful information. Thank you. You are a great asset to our international community.

María


María de la Torre
Founder and Executive Director

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