Source: SPARK
Under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and similar state and local laws, employers may be required to make reasonable accommodations for individuals with disabilities, and for an employee’s sincerely held religious beliefs and practices, unless it creates an undue hardship on the business. For example, if the employee indicates the cause of a personal hygiene issue is a result of a medical condition that qualifies as a disability, the employer generally must work with the employee to find an effective accommodation.
This might include offering flexible schedules/rest breaks for the employee to take care of personal needs, providing a private office with an air-purification system, using odor-absorbing products in the work environment, allowing the employee to use leave for treatment (if applicable), and/or permitting the employee to work from home. Or, if an employer requires employees to be clean-shaven, the employer might need to make an exception for individuals who maintain/start maintaining beards as part of their religious practices.
If you have verified that a personal hygiene issue exists, it should prompt a conversation between the employee and a manager or HR representative who has the training and experience to handle these types of difficult conversations.
The conversation should be held in private and in person (when possible). If another employee brought the issue to your attention, they should be reminded that you will handle the situation and that they shouldn’t take action on their own.
When starting the meeting with the employee, let the employee know that you plan to discuss a difficult topic. Then, provide an explanation of the issue, treating the employee with respect. Use factual terms, give specific information about what the problem is, and avoid judgmental language. Cite your policy (if applicable) and describe how the body odor or poor hygiene is affecting the business.
During the meeting, give the employee an opportunity to respond. If the employee indicates the cause of a personal hygiene issue is a result of a medical condition or is related to a religious belief or practice, start a conversation with the employee to help determine whether Title VII, the ADA, and/or a state law applies and whether there are accommodations that may resolve the issue without causing undue hardship on your business. Consult legal counsel as needed.
At the end of the meeting, clearly communicate your expectations and next steps. Document the conversation, what actions need to be taken to address the issue, and the potential consequences of failing to rectify the issue (in cases not involving an accommodation).
If an accommodation is to be provided, ensure that you document the possible options for accommodation, the chosen accommodation, and how it will be implemented.
Follow up with the employee to see how they’re doing. If you have seen signs of improvement, acknowledge them. If an accommodation was provided, confirm with the employee that the accommodation is effective.
