Former employee sued an employer, alleging that he was subjected to racially discriminatory practices and was discharged because of his race.  The Court ruled that the employee’s breach of his employer’s policy of prohibiting smoking in certain areas on pain of immediate discharge was a legitimate nondiscriminatory reason for his discharge, that the employee did not show that the reason was pretextual and that the evidence did not establish any discriminatory intent in terminating him.

608 F. Supp. 919, 39 FEP Cases 1382, (D.C. N.C. 1985).