bad body odor a disablity or what?

Is bad body odor caused by a genetic disorder called Trimethylaminuria also known as Stale-Fish Syndrome be considered a disability when it affects an employee's daily interactions with her co-workers who have shown hostility towards her and making her work environment unbearable?

1 answer  |  asked Oct 24, 2001 6:17 PM [EST]  |  applies to Hawaii

Answers (1)

Elbridge Smith
Trimethylaminuria

Tough question without a fair amount of research and review. To be a disability, a matter need not only be a medical condition, but it must adversely affect a major life activity (per the law and regulations) which are interpreted and decided by the courts (and certain other government agencies). Although Trimethylaminuria seems to have been the subject of quite number of medical studies, it is still fairly rare and it would take some digging to know if any person has previously filed a complaint or action claiming discrimination and obtained such a determination. Maybe someone has to be first. "Unbearable" suggests actual work loss, medical treatment, or some other form of adverse employment action which are generally required to have a claim. Possibly a hostile work environment has developed and there might be legal protection there. It would take a fairly detailed analysis of the actual factual and medical circumstances to be more precise.

posted by Elbridge Smith  |  Oct 25, 2001 01:18 AM [EST]

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