I am being told to go home for my body Odor issue.
I am on a final written for Body Odor.
I am over weight and have type 2 diabetes.
I do have a note from my doctor trying to help me with my BO issue that stems from my medical issues.
Does my work have legal standing For sending me home for something I have no Control of?
I have work at the same job site for over 11 years.
It appears that you are asking for a reasonable accommodation for your disability, and the employer's position is that there is no reasonable accommodation, based upon your body odor. If there is no accommodation that is reasonable and feasible, the employer does not have to grant the accommodation. That obviously depends on the type of job, and the degree of the odor. This is a fact specific situation.
I suggest you consult with a local employment attorney to determine whether you have a good case.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Your ability to control it has nothing to do with it. It is up to the employer to reasonably accommodate you - IF POSSIBLE. If it is not possible, you may have a problem. You could try contacting an employment law attorney to explore your rights.
licensed attorney in Montana. Your specific state laws may be different. My answers do not create an attorney/client relationship. Only a signed fee agreement creates such a relationship. These answers are for informational purposes only.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline