Pletten v. Merit Systems Protection Board

The U.S. Court of Appeals for the Sixth Circuit held that a federal employee’s asthmatic condition was a handicap under the Rehabilitation Act of 1973.  The Plaintiff’s physician found that his condition required a completely smoke-free environment.  The employer, the U.S. Army, offered the Plaintiff a smoke-free private office.  The court found that there was no duty on the part of the employer to provide a smoke-free working environment.

908 F.2d 973 (6th Cir. 1990).