Berenato, et al. v. State of California, Department of Corrections, et al.,

Plaintiffs, who worked as correctional officers for California’s Department of Corrections (DOC), filed an action “to recover damages for discrimination and unlawful employment practices on the basis of physical and mental disability.”  They allege that they “suffer from respiratory problems and other adverse reactions caused by secondhand smoke inhalation (physical disability) and opposed and objected to the Defendants’ failure to adhere to and comply with” the Americans With Disabilities Act, the Civil Rights Act of 1871 and the California Labor Code (which bans “the smoking of tobacco products in all (100 percent of) enclosed places of employment in this state . . . “) and other laws.  The Plaintiffs also allege that the Defendants engaged in acts of reprisals against the Plaintiffs for having complained about the secondhand smoke at their worksites.

No. RCV-23524, Superior Ct., County of San Bernardino (CA)(1996).