A pregnant secretary quit her position at an attorney's office because the attorney refused to enforce a non-smoking policy in the office, in violation of a smoke free law. The court treated her resignation as if she was forced to leave and ordered the employer to pay compensation for violations of both employment laws and the smoke free law.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.
A pregnant secretary quit her position at an attorney's office because the attorney refused to enforce a non-smoking policy in the office, in violation of a smoke free law. The court treated her resignation as if she was forced to leave and ordered the employer to pay compensation for violations of both employment laws and the smoke free law.