Ex-Worker Sensitive to Paint Fumes to Get Disability Bias Trial

A jury must decide whether an Ohio painter and injection molding supplier failed to accommodate and then fired an employee whose COPD and asthma made her sensitive to paint fumes, the Sixth Circuit ruled.

The issues for trial include whether Tina Root sought to avoid paint fumes altogether or whether she just wanted to return to her prior work assignment, where she says the fumes were more tolerable, the court said. Another triable question is whether Decorative Paint Inc. did enough to try to accommodate Root or simply told her she was a “liability” and terminated her, the court said. ...