In one of the more novel federal disciplinary actions that I have encountered, a federal employee in Baltimore was given a formal reprimand for excessive workplace flatulence — a reprimand that involved a remarkably wide range of reviews and supervisory interventions. The 38-year-old Maryland employee, who insists that he is lactose intolerant, was the subject of an actual log recording his “release[] [of] the awful and unpleasant odor.”
The December 10th letter detailed the flatulence basis for the change of “conduct unbecoming a federal officer” by the Social Security Administration employee and how his “uncontrollable flatulence” had created an “intolerable” and “hostile” environment for coworkers. The letter states that, despite his claims of a medical reason for the gas, there is no evidence of a medical condition by the employee to establish “uncontrollable flatulence.” The employee is represented by the American Federation of Government Employees (AFGE), which has supplied the gaseous worker with a lawyer (and presumably a breathing apparatus). One site has shown the employee posing with a Disney character. You guessed it, it is Pepe Le Pew.
The letter details a series of meetings with supervisors over the course of months. Interventions sought to stop the employee from turning on his fan during eruptions which tended “to spread and worsen the air quality in the module.” In another meeting a third supervisor was called in and this SSA “Deputy Division Director” warned the worker about his “continuous releasing of your bodily gas and the terrible smell that comes with the gas.” The worker told the manager that he was thinking of buying Gas-X after
He was finally presented with a log showing “the time of your flatulence” — listing 17 separate dates (and 60 specific times). Notably, on September 11th, the worker was accused for releasing gas on three separate occasions.
Now here is my question. How does the SSA quantify or measure the level of flatulence as the basis for a formal disciplinary measure? I am not sure of the baseline if some flatulence is considered normal and permissible. We have seen actual flatulence-based criminal charges which have the same interpretive problem. Moreover, if the employee is lactose intolerant, does this make the gas a medically protected condition or disability? I assume that lactose intolerance is considered a controllable condition and does not constitute a disability — except to those around you.
If this is considered controllable, would the continued release constitute a form of battery or negligence or nuisance or even an intentional infliction of emotional distress?
What do you think?
Source: ABC
Nick, no he did not chew tobacco – it usually happened when he had a cold or sinus issues. Interesting question about smokeless tobacco though. Although I never saw anyone chewing it in the office.
Beverelliee – I second your motion 🙂
How many have been written up for body odor? There are many people who do not bath regularly, or use deodorant / antiperspirant. Then there are those that chew their nails, twirl there hair, smell like smoke, wear too much perfume/cologne, talk too much, sing, or I just don’t like the way they look. I say they must all change to accommodate me…Signed, A Selfish and Less Compassionate Society.
http://potomacteapartyreport.wordpress.com/2012/08/10/irs-incompetent-and-riddled-with-fraud-billions-wasted-employees-muzzled/
IRS brain farts. Talk about an awful and unpleasant odor. Don’t bother keeping a log, it would be too voluminous. I’m not a big fan of the Tea Party, but I think they’ve got something with this.
I had a case in Chicago that very clearly should have been classified as fraud, but the manager refused to allow that. The manager said the 100% stockholder of that corporation might have to go to jail. I said that’s right. I involved the fraud coordinator who then involved his manager because of my managers recalcitrance. The fraud coordinator manager wouldn’t get involved unless the territory manager got involved. I sent an email to the territory manager requesting her involvement, and she ignored the request.
In Milwaukee there was a corporate officer return that showed over two million in stock sales. Also, the taxpayer spouse have a stationary store in Milwaukee that reported a $180,000 loss. The Milwaukee manager refused to let me audit the corporate officer’s Form 1040.
You are supposed to concentrate on LUQ items (Large, Unusual, Questionable). My start date with the IRS was March 7, 2005 as a GS-13 Revenue Agent with the Large and Mid-Sized Business division. The Chicago manager told me I didn’t have enough experience. The Milwaukee manager told me I wasn’t a “seasoned” Revenue Agent. I guess the CPA designation and 18 years of private sector experience doesn’t qualify.
The fact is, I was better at doing their job than most of the “veteran” employees. I think that was part of the problem.
>> What do you think?
I do not think all medical conditions necessarily get a free pass; if I have a brain tumor that causes me to randomly flip out and assault people, I would not be protected. It is reasonable to consider stinky flatulence an assault on the senses and a disruption of the workplace, just like sudden spontaneous screaming. I think random uncontrollable epileptic fits are a medical condition, but I also think they should disqualify people from being an ambulance driver or surgeon or fireman or police officer. I think people can be medically mute (e.g. due to throat cancer), but I think being medically mute is a good reason to deny them a job as a prosecuting attorney. I believe people can be congenitally deaf, but that is also a good reason to deny them a job as a nurse in the operating room, where verbal communication with coworkers is paramount, because people’s hands are occupied with surgery.
I agree with laws prohibiting discrimination on disability, but I also agree that the disability cannot prevent the job from being done and cannot interfere with the ability of others to do their jobs. Accommodating a physical disability with ramps, wide aisles, or an appropriate desk does not plausibly interfere with the ability of others to accomplish their job, it does not make the workplace more difficult for coworkers.
JT, Did your coworker chew tobacco? If you watch Moneyball you see many of the coaches, scouts, etc. spitting into cans and cups because they’re tobacco chewers. Which brings me to this question, are smoke free workplaces allowing chewers?
I’m so glad I’m retired from there now! I remember a guy in my office that used hock loogies in a coke can all day long! Disgusting! I too had to ask his supervisor to speak to him. Thankfully, he did stop that behavior.
Bron,
All humor aside, extremely odorous flatulence could be the result of a serious medical condition. I am not a gastroenterologist, but have known a number of them in my lifetime, and it is one of the most useful of all medical specialties. There are several medical conditions which can cause this problem, and are not particularly related to what one eats. For one thing, it could be an early warning sign of something that could be very serious, or even life threatening.
If he has been to an internist and nothing was found, maybe he needs a second opinion.
It’s a damn good thing I had an office in my home. Maybe that “dust mask” my secretary wore for 20 years wasn’t about dust? OS, My old man would make a peasant Italian dish comprised of olive oil, garlic, cabbage and cannellini beans; served w/ crusty Italian bread. You could power a fleet of taxis w/ the gas it produced. Damn good, though.
OTTERAY SCRIBE:
yes but eating vegetables, if I remember correctly, leads to more gas but less smelly.
his diet sucks, change the diet, change the farts.
How objectionable is horesh!t?
Somebody ought to get him a lifetime supply of Gas-X.
Maybe it is not milk. Cabbage, many other green vegetables…..and beans can cause the problem. Recall the rhyme we all learned in primary school?
Beans, beans,
Musical fruit.
The more you eat,
The more you poot.
Too funny Woosty.
There are ways to avoid pissing off the dogpac. These federal employees are just too cosy in their office settings.
Fart now or forever hold your piece.
I am lactose intolerant, for pity’s sake….I use lactase and avoid the milk products I know overcome that helpful remedy. I have to wonder if this guy DID actually enjoy tormenting his co-workers, the eternal ‘farts are funny’ mental eight year old.
Of this seventeen days of advent cheese-cutting, I care not a fart-hing.
This poor fellow needs an activated charcoal seat cushion. I read about these years ago. http://www.gasbgon.com/about.htm
What about the far more serious noxious flatulence emanting from Capitol Hill daily? A log of thoese incidents would fill libraries, and does.
http://www.youtube.com/watch?v=qq21ipGli_0
[youtube http://www.youtube.com/watch?v=qq21ipGli_0&w=420&h=315%5D
the guy looks unhealthy, he should be on a strict diet. Stay away from milk, flour and sugar in all its forms.
He probably eats hamburger helper, kfc, mcdonalds, ice cream, lots of pasta, little debbie cakes, funnel cakes, pies, cakes, hot dogs, ham, bacon, drinks a gallon of diet coke or coke daily and has a bagel and cream cheese for breakfast.
Start eating copious amounts of vegetables, lean meat, fish, nuts, fresh fruit and use stivia, honey or agave for a sweetener and drink lots of tea; white, green and black.
he has gas and is overweight for a reason, his diet sucks.
What a toot…
“The letter states that, despite his claims of a medical reason for the gas, there is no evidence of a medical condition by the employee to establish “uncontrollable flatulence.”
I would think Lactose Intolerance would be a poor excuse, as it is possible to avoid Lactose….perhaps eating cheese for this guy is like loading a gun? On the other hand, I just had an x-ray of my back and the Dr. asked me if I had excessive flatulance, compression of the spine leads to many strange things apparently. I hope this guy gets a thorough physical to find the source…because the bottom line is that he is not adequately digesting his food and that can lead to very nasty toxins building up and they attack him before they attack the rest of the office…does this employer provide adequate health care coverage????