Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
An employee sued her employer, a state agency, for discriminating against her based on her sensitivity to tobacco smoke and perfume in violation of federal law. The court found that the employee had raised a question of fact about whether she was substantially limited in her ability to work, which is a component of proving she was disabled. However, the court’s determination was based on the employee’s perfume sensitivity not her tobacco smoke sensitivity, which the court found was “not severe.” Even if the employee was disabled, the court ruled that the employee’s discrimination claim failed because her proposed solution – working after regular work hours and on weekends in areas where smoking was banned – was not sufficient to show that she was “qualified” for the position under the law. The court ruled that the employee’s proposed accommodation would not allow the supervision and interaction which her employers have found necessary for her position.