What do you do when the co-worker in the next cubicle reeks of heavy cologne? How do you handle an employee who douses in perfume or strong-scented lotion, irritating the sinuses of customers? Both employers and employees face issues when it comes to the use of cologne and perfume in the workplace. To help everyone involved, Fisher & Phillips (www.laborlawyers.com), a national labor and employment law firm with a local office in the La Jolla area, has released a list of tips for dealing with perfume and cologne issues. “What might seem like a relatively minor matter can turn into a potential lawsuit if an employee or customer has an allergic reaction to a scent or is unable to perform their duties due to overpowering scents causing eye irritation or throat swelling,” said David Monks, partner at Fisher & Phillips. “Courts have already ruled that employers have a duty to reasonably accommodate requests by employees if scents become an overwhelming burden,” Monks added. To help avoid potential conflicts, Fisher & Phillips has released a list of tips for dealing with fragrance in the workplace for both employers and employees alike. Top tips relating to fragrance in the workplace: • For employees, start off by reviewing your fragrance choices before heading to work. Are you often receiving comments about your perfume or cologne? Perhaps it is applied too strongly. • Employers should consider adding to their employee handbooks a clause about fragrance that clearly states an employee may be requested to minimize or eliminate a cologne, perfume or heavily scented deodorant. • Create guidelines in the employee handbook about what constitutes the hallmarks of an irritating fragrance: watering eyes, headaches, sneezing and coughing, etc. • If you put in a clause about excessive or irritating fragrance in an employee handbook, be sure to enforce it a consistent manner. Make sure that employees know the consequences for non-compliance. As an employee, familiarize yourself with what is allowed and not allowed before you spritz. • Try to find the right balance between requests to both allow and eliminate fragrance. Employers and employees can work together on a variety of solutions, including the installation of air purifiers, addition of fans to circulate air in the area and relocation of employees with sensitivity to an area near a window or door. This is a real issue facing employers nationwide. In 2010, the city of Detroit settled a lawsuit brought by a city planner who claimed she was allergic to a co-worker’s perfume, making it difficult for her to breathe. The settlement of her claim under the Americans With Disabilities Act included a substantial monetary payment to the employee, as well as the adoption of a “no scent” policy in city offices. To learn more about fragrance and cologne issues and other workplace topics, visit www.laborlawyers.com. — Fisher and Phillips’ La Jolla office is located at 4747 Executive Drive, Suite 1000.