Muller v. Costello

A corrections officer sued the State Department of Correctional Service (DOCS) for violating the Americans with Disabilities Act (ADA) by assigning him to work in areas where smoking was allowed even though the employee had severe bronchitis with an asthmatic component. The employee had complained to DOCS for nearly 10 years and repeatedly asked to work in a smoke-free environment. In response, the DOCS required the employee to wear a series of paper and rubber masks, which did not protect him from secondhand smoke, and eventually suspended him without pay. A jury ruled in favor of the employee finding that he was disabled and that DOCS both discriminated against the employee and retaliated against him based on his disability in violation of the ADA. The jury found that the employee’s disability substantially impaired his major life activity of working and that DOCS had not reasonably accommodated him. The jury awarded the employee more than $400,000 in damages, which was later reduced to $300,000 by the court.

The court of appeals found there was insufficient evidence that the employee was substantially impaired in the major life activity of working because the employee was not precluded from an entire class of jobs but only from working as a corrections officer in his area. The appeals court also found that there was not enough evidence of off-the-job breathing problems to find a substantial limitation of the major life activity of breathing. However, the court of appeals upheld the lower court’s decision based solely on the finding that the employee was retaliated against in violation of the ADA. The court also upheld the award of damages and the order for reinstatement and back pay.

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Muller v. Costello, 187 F.3d 298 (2d Cir. 1999).

  • United States
  • Aug 11, 1999
  • U.S. Court of Appeals for the Second Circuit

Parties

Plaintiff Keth E. Muller

Defendant

  • John Doe, Individually and as an employee of the Midstate Correctional Facility
  • Joseph J. Costello, Individually and as Superintendent of Midstate Correctional Facility
  • Joseph Sgt. Ward, Sergeant, Individually and as an agent of the Midstate Correctional Facility
  • New York State Department of Correctional Service
  • Susan A. Connell, Individually and as Deputy Superintendent of Administration at Midstate Correctional Facility
  • The State of New York
  • Thomas Krasko, Individually and as an employee of the Midstate Correctional Facility

Legislation Cited

Americans with Disabilities Act

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None