In a memorandum decision, the Court ruled that a V.A. worker who is “unusually sensitive to tobacco smoke” is a “handicapped person” as defined in the Federal Rehabilitation Act of 1973 but that his employer had not “violated a clearly established statutory or constitutional right” of the worker, by not banning smoking in his work area. See “Health . . . Tobacco Sensitivity,” American Bar Association Journal, January 1983, 98.
549 F. Supp. 85, 29 FEP Cases 1197, 30 CCH EPD sec. 33099, (1982, WD Wash).