An employee who suffers from bronchial asthma sued his employer, contending that it violated the Americans with Disabilities Act by discriminating against him because of his handicap.  He contended that, after he requested a smoke-free work environment, the company retaliated against him by reducing his job authority and failing to promote him.  Though recognizing Harmer’s disability, the district court dismissed the claim, saying that Harmer “still must show that he is entitled to a complete smoking ban as a reasonable accommodation to his disability, and he is unable to do so.”  See Goode, R., “U.S. Court Rejects Anti-Smoking Suit by Utility Employee,” Richmond Times-Dispatch, September 22, 1993, B5; and “ADA Does Not Require Employer to Provide Smoke-Free Workplace,” BNA Pensions & Benefits Daily, September 29, 1993.

831 F. Supp. 1300, 2 AD Cases 1283, 8.4 TPLR 2.350, 62 USLW 2199, 93-CV-168, (D.C.  E. Va. 1993).