Legal Question in Employment Law in Indiana

Re: Odor problem

Assuming that the odor problem doesn't have to do with a medical condition that might qualify the individual somehow under the Americans with Disabilities Act (ADA), there's no problem with your approaching the employee (privately) and communicating the problem to him/her. If they do not resolve the problem, you can insist.

I'm assuming there is not a union involved here, either. In Indiana, an employer can fire an employee for good reason, bad reason or no reason, but no an unlawful reason. The only recourse for an employee for a discharge for no reason or bad reason, is unemployment comp. For a good reason, of course there is no remedy. But for an unlawful reason (Age, sex, race, disability, religion), there are remedies beyond worker's comp.

So then, an employer could come to a nonunion employee and say, "I thought I'd fire someone today who is ugly and you're ugly, so you're fired." While that isn't exactly a wise thing to do, it is not unlawful. Thus, firing someone for having an odor, is not unlawful.

But be careful. If the reason is linked to a medical condition, then you may have a duty to try and accommodate the worker in some fashion.On the other hand, if it is medical and "curable" or able to be medicated, then he/she may not fall under the strict definitions/standards for someone with a "disability" under the Act.

Best thing to do here is simply talk to the person and see how you can help resolve the problem. DO NOT DISCUSS THE MATTER WITH OTHERS WHO HAVE NO NEED TO KNOW. It should be kept private. Be wary of asking the individual if they have a medical problem with the odor. That can be a violation of the Act. It's their duty to raise that defense.

Hope that helps.