Bonnet v. RATP
Thierry Bonnet worked for RATP from 1986 until 2005, when Mr. Bonnet noticed that other employees were smoking in places meant for collective use. Mr. Bonnet invoked his "right to retreat" stating that his exposure to secondhand smoke posed an imminent risk to his health and stopped going to work. In retaliation, RATP withheld Mr. Bonnet's salary. Mr. Bonnet brought suit in the administrative labor court seeking his withheld wages, a return to his professional position, removal of this incident from his professional file, and punitive damages. RATP claimed that Mr. Bonnet spent a maximum of 5% of his working time in enclosed places where smoking might occur, that these locations had been made smoke free in compliance with the law, and that Mr. Bonnet could not prove that he was exposed to second hand smoke while he was working. The court ruled partly in favor of Mr. Bonnet, finding that RATP failed to enforce the smoking ban on its premises. The court, however, did not rule for Mr. Bonnet with respect to damages, finding that he did not prove he was exposed to passive smoking in a way causing imminent danger to his health.