Plaintiff's Allegation of Asthma Attacks Sufficient to Survive Employer's Motion to Dismiss

Louise Brewer sued her employer, the Missouri Department of Corrections (“DOC”), alleging employment discrimination in violation of the Americans with Disabilities Act ("ADA") and the Rehabilitation Act. Specifically, Ms. Brewer alleged that as the result of her asthma, she was harassed, discriminated and retaliated against in the terms and conditions of her employment. Along with the other documents Ms. Brewer provided to the court when she filed her lawsuit, Ms. Brewer filed a three page single-spaced document describing specific instances in which she believed her rights were violated by the DOC.

The DOC filed a motion to dismiss arguing that Ms. Brewer was not a “qualified individual with a disability” as defined by the ADA or the Rehabilitation Act. In support of its argument, the DOC claimed that because Ms. Brewer mentioned only eight asthma attacks in her lawsuit, the "episodic asthma attacks" could not form the basis of an actual disability. Additionally, the DOC argued that Ms. Brewer’s retaliation claim should be dismissed because she was unable to establish that she suffered an adverse employment action or that the DOC’s conduct actually violated the ADA.

The court denied the DOC’s motion to dismiss noting that to obtain relief under the ADA, a plaintiff must show that she (1) has a “disability” within the meaning of the ADA, (2) is a “qualified individual” under the ADA, and (3) “suffered an adverse employment action as a result of the disability.” The court held that Ms. Brewer was not required to specifically state in her lawsuit each and every instance that her alleged asthma affected her work or the facts surrounding each and every perceived act of harassment or retaliation.

Brewer v. Mo. Dpt. of Corrections, No. 4:08CV1883 (E.D.Mo. June 24, 2009).