In re: Garvale and Department of State Police

State of Michigan Department of Civil Service, Docket No. 15059, (1993).  An Executive Order prohibited smoking in state government facilities in Michigan as of June 15, 1992.  A Police Lieutenant filed a grievance, contending that the smoking ban violates Civil Service Rule 1-2.1 as it relates to handicapping conditions.  The grievant argued that his cigarette habit constitutes a handicapping condition and that his employer has a duty to accommodate it, pursuant to the Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.  The Hearing Officer on July 28, 1993 ruled that there was no conflict between the Executive Order and Civil Service rule and, therefore, denied the grievance.

8.3 TPLR 8.43, State of Michigan Department of Civil Service, Docket No. 15059, (1993).