Fuller v. Allison Gas Turbine Division, General Motors Corp.

Plaintiff, who suffers from asthma and allergies worked in an area designated as “No Smoking”; nonetheless, she continued to be affected by smoke from employees who smoked in that area and by smoke from adjacent areas where smoking was permitted.  She was transferred to another department but left her job after 2.5 days there because of exposure to odors and fumes from the manufacturing processes elsewhere in the plant and from cigarette smoke from a nearby office.  She was awarded disability benefits.  Plaintiff filed a complaint with the Indiana Civil Rights Commission, alleging that the company failed to enforce its no-smoking policy and transferred her because of her complaint.  The commission dismissed her complaint.  On August 26, 1996, the Court of Appeals refused to overturn the commission’s dismissal, saying that there was ample evidence to support the commission’s finding that the Plaintiff did not meet her burden of demonstrating that the company’s transfer of her was not a pretext for discrimination against the Plaintiff.

670 N.E. 2d 64, No. 93A02-9602-EX-125, 1996 Ind. App. LEXIS 1101, Ind. App., 2nd Dist.