LANGUAGE

Homeyer v. Stanley Tulchin Associates, Inc.

A typist who suffered from chronic severe allergic rhinitis and sinusitis claimed she was fired in violation of federal disability law. The employee said she was continuously exposed to secondhand smoke in the office, which aggravated her condition and routinely caused her breathing difficulties. The employee was fired after asking for an accommodation for her respiratory condition. The appeals court said that the employee should be given a chance to prove that she was disabled under the law because her condition substantially limited her ability to (1) breathe or (2) to work. If the employee was disabled based on her limited ability to work, the court said that the employee should be given an opportunity to show that she was substantially limited in her ability to find work as a typist generally. As a result, the court sent the case back to the lower court.