Health Concerns Ignored by H.R.

[PDS321]

My question involves labor and employment law for the state of: Wisconsin

Hello. This is a strange one.
I feel I have to resign from a good job that I enjoy because of a co-worker's toxic amount of cologne. Multiple complaints have been filed with managers and HR by no less than 3 employees over the course of 2+ months.

This co-worker was recently moved down to the desk next to mine. The co-worker exercises vigorously to a sweat 3 times per day during break times. He admits he does not bathe regularly, if at all, but instead uses an unbelievable amount of cologne. The cologne gives me instantaneous headaches - not migraines, but quite severe. I have become nauseous in my own waste basket.

After addressing the complaints with the co-worker several times, HR's final response to me was that none of the managers or HR personnel have ever smelled anything when dealing with this co-worker, and therefore do not think there is an issue. I admit, that is a clever way to make the problem go away, at least on their end, but my headaches continue.

My request for a new desk location was denied. My request to speak to the employee personally and sympathetically was also denied.

I visited an allergist who insisted that she write a letter to my HR department, citing the excessive cologne as a health hazard. She also suggested I contact a lawyer for a possible lawsuit. That idea does not excite me, but I would consider it.

The headaches are severe, and I cannot face many more days of them. The only jobs available right now in my field, and they are slim, are contracted positions without any benefits. Mine is the sole income supporting my family of four (2 young children).
Any suggestions?
Thank you.

[Mr. Knowitall]

We cannot know whether the issue is this guy wearing too much cologne or if you're hypersensitive as your bosses contend. We also don't have any way to evaluate whether this is an annoyance or an actual health hazard; your allergist's letter may shed some light on that issue, but we can't read it and the allergist also cannot attest to how much cologne the person actually wears. I suggest consulting a local lawyer.

[PDS321]

Hello. Thank you for the response.
I am sensitive to the amount of cologne, and I can be certain it is not only me; three other co-workers in the vicinity have made several complaints. When this person was "moving in," he told me he has had his desk relocated 20 times in 30 years at the company.
I found out yesterday (from an HR rep, candidly) that he threatened to file a harrassment claim if HR approached him again about his offensive odor. It was immediately after that threat that I was told it was a dead issue, and that HR does not expect to hear from me again about it.
I spoke to an attorney today. She said I should summarize the events, meetings, and contacts with HR from the last 2.5 months in an email, and send it to the two managers and the two HR reps who spoke to the employee about his hygiene. This is being done so I have it documented. (I suppose in the event I am fired.) I wsa also advised not to quit because of it.
Today was the first time I left work early because of the headache. It is rather severe. Our cubicles are in a basement corner without much air flowing. I had a 3-inch desk fan, but HR told me to remove it.
Tomorrow I will email the summary, and I do not expect it to be well received.
I will summarize the MD's letter when I receive it.

[PattyPA]

This same post has been beat to death on another forum. Just so you know.

[PDS321]

Sorry to bore you. A link would help.
The doctor convinced my employer to move my desk to a yet to be determined location. (I'm sure it will be a great spot.)