TOBACCO CONTROL LAWS

Pletten v. Merit Systems Protection Board

A civilian employee of the United States Army claimed that the Army’s failure to provide him with a completely smoke-free work environment violated the federal Rehabilitation Act, which prohibits discrimination against disabled individuals. The court of appeals agreed with the lower court that the employee’s claim failed. The court found that the employee, who is asthmatic, is “handicapped” under the law. However, the court found that the employee was not a “qualified handicapped person” because there was no way for the Army to reasonably accommodate him. The only way to accommodate the employee was to completely ban smoking throughout the establishment. However, army regulations in effect at the time of the lawsuit balanced the interests of smokers and non-smokers.  Therefore, the employee’s claims of discrimination and wrongful discharge failed.

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Pletten v. Merit Systems Protection Bd., 908 F.2d 973 (6th Cir. 1990).

  • United States
  • Jul 13, 1990
  • U.S. Court of Appeals for the Sixth Circuit

Parties

Plaintiff Leroy Pletten

Defendant

  • Merit Systems Protection Board
  • United States Army

Legislation Cited

Rehabilitation Act of 1973

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.

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.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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