Betty Gupton v. Commonwealth of Virginia Ray D. Pethel William Bryant
Court of Appeals for the Fourth Circuit
1Opinion of the Court
OPINION
DONALD RUSSELL, Circuit Judge:
Betty Gupton, an employee of the Virginia Department of Transportation (VDOT), appeals the district court’s grant of summary judgment against her on her claim that VDOT’s failure to provide her with a smoke-free workplace violated 42 U.S.C. § 1983. She also appeals the district court’s rejection, after a bench trial, of her claim that this failure also violated section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. We find no error in the district court’s orders and affirm.
I
Gupton was employed, beginning in March, 1990, as a highway utilities…
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