An employee of the TVA brought suit alleging that her employer failed to provide her with a smoke-free work environment, that her supervisor ignored her requests as well as recommendations from TVA officials to provide her with a smoke-free work space, and that her supervisor failed to carry out TVA guidelines on smoking in the workplace and retaliated against her and verbally harassed her in front of her co-workers, causing her emotional distress.  Defendant employer sought to dismiss the case.  The U.S. District Court ruled that the exclusivity provision of the Federal Employees’ Compensation Act (FECA) barred claims based on negligence; however, the existence of genuine issues of material fact precluded summary judgment on the plaintiff’s claim of intentional infliction of emotional distress.  The case was settled for an undisclosed sum of money on Nov. 1, 1988.

697 F. Supp. 508, 3 IER Cases 149, 3.4 TPLR 2.89 (D.D.C. 1988).