A corrections specialist at a county jail filed suit, inter alia, under the Americans With Disabilities Act (ADA) alleging that he was discriminated against because he was adversely affected by secondhand smoke while he worked at the jail.  The Court (Crow, J.) granted the defendant’s motion for summary judgment, concluding that on “the record as it exists, a jury could not find that the plaintiff suffered an impairment that substantially limited his ability to breathe or work.”  The Court also found that the “plaintiff offers no evidence from which a jury could reasonably find that the defendants erroneously perceived Kidwell as substantially limited in his ability to do his job.”

998 U.S. Dist. LEXIS 21225, 5 Wage & Hour Cas. 2d 229 (U.S.D.C. Kan. 1998).