On March 14, 1995, the Michigan Court of Appeals granted summary judgment to the defendants in a suit brought by an ex-employee who resigned after her employer refused to implement a no-smoking policy at the facility where she worked.  The Plaintiff had sued, alleging handicapped discrimination, intentional infliction of emotional distress and constructive discharge.  The court ruled that the former employee had failed to give the employer timely written notice of her need for accommodation.  Thus, the court found it unnecessary to decide whether the Plaintiff was, in fact, a handicapped individual within the definition of Michigan’s Civil Rights Act.  See “Civil Rights — Untimely Notice of Need for Smoke-Free Environment,” Michigan Lawyers Weekly, March 27, 1995, 38.

Nos. 165177, 168262 (Mich.App. 1995).