Dept. of Fair Employment and Housing v. County of Fresno Dept. of Social Services, Calif. Fair Employment and Housing Commission

Two nonsmoking workers whose lung ailments were aggravated by cigarette smoke at their workplace were awarded over $70,000 when the California Fair Employment and Housing Commission found that the Fresno County Department of Social Services did not make a reasonable accommodation to their needs for a smoke-free work environment.  The commission concluded that the employees’ hypersensitivity to tobacco smoke constituted a physical handicap within the meaning of the FEH Act and that they had suffered “significant injury” as a result of the county’s refusal to accommodate their physical handicaps.

FEP 421:664, No. 84-27, (1987).