TOBACCO CONTROL LAWS

Parodi v. Merit Systems Protection Board

A federal employee who was diagnosed with “asthmatic bronchitis with hyper-irritable airways” applied for disability benefits after she was transferred to an office in which many other employees smoked. An internal agency denied disability benefits to the employee. The court reversed the agency’s decision, finding that the employee was totally disabled under the relevant federal law because she was unable to perform her job in a smoke-filled office due to her disease. Because the employee would be able to work in a smoke-free environment, the court ordered the government to find her a suitable position in a safe environment within 60 days or the employee would be eligible for disability benefits.

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Parodi v. Merit Systems Protection Bd., 690 F.2d 731 (9th Cir. 1983).

  • United States
  • Mar 25, 1983
  • U.S. Court of Appeals for the Ninth Circuit

Parties

Plaintiff Irene C. Parodi

Defendant

  • Merit Systems Protection Board
  • Office of Personnel Management

Legislation Cited

5 USC section 8337(a) (Civil Service Disability Retirement)

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
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.
Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Employment and Disability Law Violation
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.

Type of Tobacco Product

None

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