Oskere v. Yeutter

A clerk typist was hired subject to a one-year probationary period; she was terminated one day before the probationary period was to expire.  She sued her employer, the U.S. Department of Agriculture, alleging inter alia, discrimination based on handicap, i.e., an allergy to cigarette smoke.  The District Court dismissed the complaint, because there “is no evidence that Oskere’s alleged allergy to cigarette smoke substantially impaired any major life activities” since she “was able to continue working” at that office.

54 FEP Cases 1341 (D.C. D.C. 1991), affirmed at 971 F.2d 766 (D.C. Cir. 1992).