Rhoads v. F.D.I.C.

A financial analyst suffered from asthma and related migraine headaches, which were made worse by exposure to secondhand smoke. Although the employee had been allowed to work from home for a period of time, she was ultimately fired for failing to report back to work at a bank facility after a new smoke-free policy had been implemented. The employee sued the bank for discriminating against her based on her health condition in violation of state and federal law. The court of appeals found that the employee’s claims for reasonable accommodation and unlawful termination failed because she was unable to prove that she was disabled under the Americans with Disabilities Act (ADA). Specifically, the court found that the employee did not prove that she was “substantially limited” in her ability to gain work in her field because of her smoke-induced asthma and migraines. However, the court ruled that the employee’s retaliation claim could proceed because she had presented sufficient evidence to raise a question about whether she was terminated based on her attempts to enforce her rights under the ADA.

Rhoads v. Fed. Deposit Ins. Corp., 257 F.3d 373 (4th Cir. 2001).

  • United States
  • Jul 12, 2001
  • U.S. Court of Appeals for the Fourth Circuit
Download Document

Parties

Plaintiff Lori Rhoads

Defendant Federal Deposit Insurance Corporation, in its capacity as receiver for Standard Federal Savings Bank and Standard Federal Savings Association

Legislation Cited

Americans with Disabilities Act

Family and Medical Leave Act

Maryland Wage and Payment and Collection Law

Maryland Worker's Compensation Act

Montgomery County (MD) Human Rights Law

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"For similar reasons, we agree with the district court's conclusion in this case that Rhoads failed to show that her employer erroneously believed that she was substantially limited in her ability to work, because "the record indisputably reveals SFSA thought the plaintiff was capable of performing her job in a smoke-free environment[.]" Rhoads, 956 F. Supp. at 1247. Furthermore, we conclude that Rhoads cannot establish that her employer mistakenly believed that she was substantially limited in other major life activities, such as breathing, as the evidence shows, at best, that SFSA officials knew she suffered from smoke-induced asthma and migraines, but doubted her declarations pertaining to the severity of her condition. Next, in order to prove that she had a record of disability, Rhoads was required to establish that she had "a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities." 29 C.F.R. S 1630.2(k) (2000). Contrary to Rhoads's assertion that she had a record of disability, the undisputed evidence reflects that, until starting work for SFSB, Rhoads had not suffered the effects of asthma and migraines since childhood, and she had been able to engage in activities like bicycling and ballet dancing. Thus, Rhoads's contention falters for lack of substantiation. In summary, Rhoads has failed to establish that she was "disabled" within the meaning of the ADA, either because of being afflicted with an actual disability, being regarded as disabled, or having a record of disability. Therefore, we must affirm the district court's award of summary judgment to the FDIC on her ADA claims for failure to make a reasonable accommodation and discriminatory discharge."