Century Bakery, a bakery in Bridgeton, New Jersey, has asked customers to avoid entering their store if they are wearing strong perfume or cologne, but to use the drive-thru service. The reasons may stem from complaints from some customers. But is it legal?
"If you wear strong perfume or cologne, please use our drive-thru service," reads a post published on April 16 on the official page of the Century Bakery, located in Bridgeton, New Jersey. A simple yet singular invitation that also specified the reasons behind this request and also asked customers to avoid any complaints.
Perhaps some might think that a strong scent could spoil the wonderful aromas that come from baked goods. In reality, the reasons lie in a problem of, let's say, health: "Several cashiers in our bakery suffer from asthma and this time of year can be particularly difficult for them due to the high concentration of pollen. Adding strong fragrances can make it even more difficult for them to breathe, as their airways are already irritated." A choice therefore born from the need and desire to protect all the staff during working hours, emphasizing how these strong scents persist inside the premises even after the customers have left.
Debby Diaz, general manager of Century Bakery, told Today.com that the request was made after four people with a strong odor entered the store within 45 minutes, causing one of her employees to have a severe asthma attack, forcing him to use his emergency inhaler four times.
It would seem that this reaction may have been triggered by some complaints from some customers. In the same Facebook post, in fact, we read "Although we pay attention to our health by covering our coughs and maintaining proper hygiene, we ask that you keep any comments about coughs to yourself if you decide to enter the building wearing strong perfumes". From what we learn from this statement, therefore, the reason could be sought in the complaints from some customers towards the staff who, due to seasonal allergies and strong perfumes, have started (inevitably) coughing.
There were many people who wanted to have their say by commenting on the social post: around 70 comments in which customers supported the curious choice of the pastry shop, also demonstrating their appreciation for the owner's attention towards her team. "Thank you for the care you take for all of us who suffer from asthma and respiratory problems. We appreciate it very much." "I hope everyone can respect this policy and learn to take care of each other." These are some of the comments addressed to the pastry shop, which demonstrate how such a choice, driven by care towards their staff, was widely shared and above all appreciated. Obviously, there was no shortage of negative comments from people who found the choice of the place not very nice and welcoming towards their customers, such as those who thought it was outrageous to tell someone what perfume they should have, demonstrating that they did not understand the (noble) reason behind such a policy.
Now it almost comes naturally to ask: but is it legal? It may seem a bit absurd, but yes, even if the question is not so simple. There are not many similar precedents, so it is difficult to say clearly what could happen legally. In any case, as you probably already know, it is punishable by law to prohibit people from entering your premises if there is discrimination based on race, sex, religion or sexual orientation.
In the case of Century Bakery, therefore, if the request is clearly stated to its customers and is supported by valid reasons, it is difficult to proceed with legal action against the bakery: this is because the owners of a commercial business are free to establish who can or cannot enter their shop, as long as there are no reasons, precisely, of a discriminatory nature.
Furthermore, it is worth noting that, as Debby Diaz also stated to Today.com, this is not an official policy of the bakery that must be followed, but simply an invitation to pay attention to a detail that could harm the health of other people: "If you are wearing perfume, you are more than welcome to come in. We just ask that you be respectful and not make rude comments to the staff if they are coughing and you are wearing perfume."