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.