Employment Discrimination – ADA – Retaliation – Respiratory Distress Syndrome

By Deborah Elkins
Published: November 17, 2008

Even assuming plaintiff, who suffered from adult respiratory distress syndrome, established a prima facie case that defendant employer had retaliated against her for contesting her move to an office that was not smoke-free, the 4th Circuit says the district court correctly determined that plaintiff failed to rebut the legitimate, nondiscriminatory reasons the employer proffered to ...

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