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Jury Awards $5.2 Million in Disability Case
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.
The employee suffered several asthmatic attacks after commencing employment, which she and her physician attributed to the smoking in her workplace. She made numerous complaints but her employer failed to act on those complaints or on her requests to curtail smoking or relocate her to a smoke-free area. Instead, the agency allegedly told her that smoking was inextricably linked to the modeling industry. The agency also demoted her to a position that was located in an area even more permeated with smoke.
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