Inka Binka, Your Job Candidate Stinks
Everybody sues. Something Evil HR Lady Suzanne Lucas at CBS.com kept in mind when she answering the question of whether you should tell a job candidate about her body odor:
First of all, it's a rare person who makes it to adulthood without appropriate instructions in hygiene. It does happen, but it's indicative of other problems. Problems I don't wish to have to deal with in the office. Seriously, no high school friend pulled you aside to offer some Secret? Your mother didn't send you to the shower? Your gym teacher didn't sit by the showers with her check list to make sure you washed your armpits after the strenuous act of standing on the volleyball court and pretending to play volleyball? Something wrong is in this person's past. Don't know what it is, but something is wrong. And do you want that problem to become yours?Second, if you bring it up and don't hire the person for whatever reason, then they believe that their odor was the cause of lack of a job offer. And while it's perfectly legal to refuse to hire someone who stinks, that protection only extends as far as the problem is caused by lack of soap and not a medical condition. Employment lawyer Jon Hyman recently wrote about the Americans' with Disabilities Act (ADA). He reminds us that the following individuals are protected:
1. Those with a physical or mental impairment that substantially limits one or more major life activities of such individual;
2. Those with a record of such an impairment; and
3. Those regarded as having such an impairment.You don't know whether it is hygiene issue or a medical one. (And yes, there are medical conditions that cause foul odors.) And so once you bring it up, if the problem is medical and by not hiring the person can argue that you're discriminating against her, well, oy. And even if it's not a medical problem, she could argue that you're discriminating against her because you regard her as having a disability. (Does stinking substantially limit major life activities? My non-lawyerly answer is maybe.)
It's so much easier to just put the resume into the "thanks but no thanks" pile. In today's economy that pile is generally large anyway. It's really hard to win a failure to hire lawsuit when you didn't even make it to the interview stage. And attorney Hyman cautioned that if you decide to not move forward because of the smell that you don't discuss or document that. He said, via email to me, "the smaller the circle, the less likely this would ever get back to the candidate, and create the possibility of the ADA issues you discuss."







All of which is the absolute truth. This illustrates yet again how the ADA is actually counterproductive.
Hiring, or even interviewing, a person with any sort of mental or physical problem is a huge risk. If they want to, they will be able to find a reason to sue you. Hence, any business too small to handle the risk avoids the disabled like the plague, without giving any evidence that that's what they're doing.
a_random_guy at July 1, 2012 4:24 AM
I sweat, a lot, ridiculously a lot. So I keep a few extra undershirts and dress shirts if I need to change thriught the day, I drink up to 2 or three gallons of water a day and keep ice packs and hand towels in a insulated lunch box.
lujlp at July 1, 2012 7:22 AM
Looping this back around to another topic you like to talk about, I found that my own b.o. has almost disappeared since switching to a low-ish carb paleo diet. The acne is also gone.
David Rourke at July 1, 2012 8:21 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/07/01/inka_binka_your.html#comment-3249638">comment from David RourkeVery interesting, David Rourke. Come to think of it, not to get too personal, and not that I'm out running, but when I ride the bike to get my brain going, my clothes don't smell afterward. They're just wet from perspiration.
Amy Alkon
at July 1, 2012 8:44 AM
I was about to comment that what you eat can have a major impact on how you smell.
I R A Darth Aggie at July 1, 2012 9:33 AM
Just wish at times that people could just be blunt.
If I have spinach in my teeth, I smell, zipper is down, or I look bad in a shirt. Tell me, just be polite. I can take it.
John Paulson at July 1, 2012 9:49 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/07/01/inka_binka_your.html#comment-3249683">comment from John PaulsonUnfortunately, the litigious society has spoiled things for people like you, John Paulson. (I'm with you, by the way.)
Amy Alkon
at July 1, 2012 9:54 AM
I work in an office here in Seoul, South Korea.
The Korean nationals I work with obviously take care of themselves. Nobody's clothes are filthy or coated in sweat. There are no obvious signs that they avoid soap and water.
But many of them stink to high heaven!
Why?
Because things like Kimche, you eat that in large quantities, you are going to start smelling a certain way, a very aweful, powerful way.
My only hope to avoid gagging when some of them stand to close to me, is to go outside, smoke the strongest cigar that I can get my hands on, and hope the tobacco smell cancels it out.
My boss went a step further and got a long lasting, not sure what you'd call it, but it melts wax that smells like various scents and it permeates the office pretty well.
If somebody smells to high heaven, somebody needs to tell them so.
It shouldn't be the stranger interviewing them.
Robert at July 1, 2012 2:43 PM
My wife works with a woman who has a horrendous dental problem. To be accurate, her breath smells like she is rotting. She was "let go" from a gas station convenience store job and is still employed at her (unionized) grocery store job.
So, what's the consensus? Fire, tell, or what? How much revulsion is the public supposed to tolerate for some totally lame political rectitude? You can hire stinky,I'll shop elsewhere.
MarkD at July 1, 2012 3:25 PM
For someone in her case, if a discreet word is to embarassing or difficult, then leave a tube of toothpaste and a new toothbrush on her desk, along with a miniature thing of mouth wash and a single pack of dental floss.
If she takes the hint, then the $6.50 spent on that "starter kit" if you will, was 6.50 well spent.
If she promptly trashes it because she thinks flossing is the government's way to control her mind, then draw straws to see who gets to tell her why nobody stands within 2 feet of her when she speaks.
If she still refuses to change...well if stinking like a rotting corpse doesn't create a difficult and hostile work environment, what the hell does?
Robert at July 1, 2012 8:14 PM
Amy Alkon
http://www.advicegoddess.com/archives/2012/07/01/inka_binka_your.html#comment-3250432">comment from Robertwell if stinking like a rotting corpse doesn't create a difficult and hostile work environment, what the hell does?
The government, by trying to force companies to hire people utterly unsuited for the job.
(Should we really let the fact that, in basketball, I can't make a basket without a 12-foot step-ladder stop me from playing in the NBA?)
Amy Alkon
at July 1, 2012 8:28 PM
I was stationed at Osan (USAF base about an hour south of Seoul). If you watch people stepping off the Freedom Bird the first time in August you see their noses wrinkle and the "What's that smell?" look cross their face.
I was living downtown with a Korean lady and pretty much eating a Korean diet for about two months. (Lost a lot of weight.)
I also worked in a well ventilated secure building. Part of the area was strictly Americans because of classified documents. I stepped into the area one day and a mildly racist co-worker said, without looking up, "Who left the Korean in here?"
I didn't even realize my body odor had changed.
Eating somewhere around two cloves of garlic, plus other spices, a day will build up in your system.
Jim P. at July 1, 2012 8:45 PM
Wow more people in ROK. Well Koreans tend to be a bit more fastidious, more willing to point out faults and errors. They also sweat less. I remember years ago getting deodorant was hard.
The smell is the surprising bit. Well smoking, diet of cabbage and hot pepper, and lack of deodorant. Mix in with the soju and long drinking get together, some hangooks get pretty stinky.
Robert, cigars? Have we met at SCAS?
John Paulson at July 1, 2012 10:46 PM
Someone I know got dragged to the HR office and reprimanded for "picking on" a guy he worked with who believes that "hygiene" consists of waving "hi" to a guy named Gene.
Keep in mind: Not only did the offended party not beleive in running water (let alone soap), toothpaste, or clothes laundering, but both worked in the live-processing department of a poultry slaughter plant at the time. There's a problem when you can recognize the same blood splatter (or worse) on someone's ear that they got during processing the week before.
What, pray tell, was done to so deeply offend this young man?
He was given a gift basket containing body wash, shampoo, deodorant, and fresh socks. HR considered this an "aggressive" insult, even though the company handbook describes employee responsibilities to include proper hygiene, and even though it was quite obvious that this gentleman was not exercising it.
Years later, the guy's working in another department handling fully cooked product(!), still stinking, and apparently still offended easily. Someone else kindly bought him a gift bag of toiletries - which prompted another trip to the "Better Never, Ever Do That Again" speech room. The reprimand was dropped with the chiding of, "Well, you could have been nicer about it." I'm not sure of a less hurtful way to give someone a hint than to give em free stuff. I guess they wanted something more along the lines of "DUDE, it's called deodorant! It's not that expensive!"
ValiantBlue at July 2, 2012 4:35 AM
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