Pagliaroni v. Daimler Chrysler Corp

In an Americans With Disabilities Act lawsuit against her former employer, a woman alleged that she is disabled because of occupational asthma and anaphylaxis and that the company failed to accommodate her disability and retaliated against her.  She stated that the company did not stop co-workers from smoking in violation of the company’s smoking policy.  She sought either a transfer or that the company enforce its no-smoking policy.  The company filed a motion for summary judgment.  The court denied the company’s motion for summary judgment regarding claims that the company had failed to accommodate her disability.  The court ruled that, from the record, “at no point did DC ever attempt to enforce its smoking ban by disciplining violators.”  The court rejected summary judgment as to the retaliation claim but granted it as to Pagliaroni’s claim of constructive discharge.  At 2006 U.S. Dist. LEXIS 83708, the court denied Pagliaroni’s motion to reconsider the court’s denial of her constructive discharge claim because the “Seventh Circuit makes clear that an employee must continue working and assert her right to be free from discrimination if it is at all possible to do so.  It was possible for Pagliaroni to do so in the present case.”

2006 U.S. Dist. LEXIS 66720 (U.S.D.C. E.D. Wis.).