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A jury awarded $5.2 million to a plaintiff whose former employer, a modeling agency, failed to accommodate her asthma, subjected her to a hostile work environment, and terminated her in retaliation for making complaints about smoking in the workplace. Gallegos v. Elite Model Mgmt. Corp., No. 120577/00 (N.Y. Co. Sup. Ct. 5/14/03)
In an interview before she was hired, the plaintiff told the employer that she was asthmatic and asked the employer to curb the pervasive smoking in the workplace that she had observed and which she believed was prohibited by law. The employer assured her that it would, but failed to do so.
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