A nonsmoking woman brought a lawsuit against her former employer, alleging that the company discriminated against her in violation of the Americans With Disabilities Act (ADA), 42 U.S.C. sec. 12101 et seq., when it terminated her because she has a breathing impairment and had complained to the company’s corporate headquarters after local management had moved her out of a smoke-free environment.  McQuay claims that it terminated her as part of a general lay-ff and did not retaliate discriminate against her.  The company filed a motion for summary judgment.  The district court granted the motion for summary judgment, finding that “Ferris has failed to rebut the proffered legitimate, nondiscriminatory and nonretaliatory reason for Ferris’ termination – that McQuay selected Ferris for termination as part of a financially-driven layoff because she was the lowest ranked employee in her department.”

2007 U.S. Dist. LEXIS 61717 (U.S.D.C. W.D. Va. 2007).