Employment law around the world: Flatulence in the workplace: No laughing matter

Peninsula Team

February 03 2013

A recent workplace incident that has come to the attention of the public in the US has now made waves in Ireland and Europe. A Federal Service employee working in Baltimore as a Social Security Administrator has been cited by his employer for “conduct unbecoming of a federal officer”. The officer in question, a 38-year-old male, was given a lengthy five-page reprimand in relation to his “uncontrollable flatulence” in the workplace.

No laughing matter

Most interestingly within the reprimand issued to the officer was a meticulously crafted log of specific dates and times when co-workers observed – or overheard – him “releasing the awful and unpleasant odour” in his Baltimore office. The reprimand issued contained a log reportedly citing 17 dates – and 60 times – in which the officer passed so much gas, the resulting miasma created an “intolerable”’ and “hostile”’ workplace environment for those around him. The reprimand cited that in one day alone the flatulence continued throughout the day from the early morning until late in the afternoon. This was no laughing matter for his colleagues.

To the amusement of most readers of the story, the man was allowed to continue his reign of uncontrollable flatulence for a period over a number of weeks before any action was taken. While this may seem somewhat inconsiderate for management to not have proactively addressed the issue sooner, it's quite an embarrassing situation for manager and employee alike. Consideration would also have to be given to when the issue was raised by his colleagues.

The reprimand cited “nothing that you (the officer) have submitted has indicated that you would have uncontrollable flatulence. It is my belief that you can control this condition.” However, the employee had apparently submitted evidence to his superiors showing he suffered from medical conditions that, at times, caused him to leave work early.

A common problem

For employers in Ireland who may come across a situation like this, they must give consideration to the employee’s own circumstances. This is a serious issue when an employee may be suffering from an underlying medical issue and allowances may have to be made via reasonable accommodation. It’s all about striking a balance and, excuse the pun, “not a match”.

Other common examples which the Peninsula Advice Service have advised upon include employees with poor standards of personal hygiene and body odour which can be upsetting for fellow employees and customers, particularly in a retail or catering environment.

The officer’s manager spoke with him about his “continuous releasing of [his] bodily gas and the terrible smell that comes with the gas.” He informed the employee that he “could not pass gas indefinitely and continue to disrupt the workplace.” The formal reprimand followed which the worker’s manager noted, “is the least severe penalty available to impress upon you the seriousness of your actions and is necessary to deter future misconduct.”

Conclusion

While this situation may be deemed humourous, it's a situation that comes up more often than you would think and managers must approach any situation with sensitivity to both the person involved and any colleagues who may be subject to any unfavourable workplace conditions.

Need our help?

If you would like further complimentary advice on this subject from an expert, our advisors are ready to take your call any time day or night. Call us on 0818 923 923 or request a callback here.

Suggested Resources