Tobacco Documents Online

B October 29, 1982 MEMORANDUM TO THE COMMITTEE OF COUNSEL _ There is enclosed an important recent decision from the Ninth Circuit in Parodi v. Merit Systems Protection Board. The appellant, Mrs. Parodi, claimed that her hyper- sensitivity to tobacco smoke precluded her working in the office to which she had been assigned, which also was occupied by employees who smoked. The Merit Systems Protection Board had denied Mrs. Parodi's claim for disability benefits after finding that she did not suffer from a permanent or serious impairment and that she was physically able to work in a reasonably smoke-free environment. The Ninth Circuit reversed and remanded for further proceedings. . After concluding that it had jurisdiction to review the Board's decision, the Ninth Circuit held that the threshold question was whether Mrs. Parodi was able to perform the job she last occupied. Since the Government effectively had con- ceded that Mrs. Parodi could not work in the office to which she had been assigned because of the presence of smoke there, the only remaining question, according to the court, was whether the Government was prepared to offer alternative employment -- "at the same grade or position in a location appropriate for [her] physical condition." The court pointed out that if Mrs. Parodi were offered such a position she would not be disabled within the meaning of the governing statute. Because that question had not been addressed by the Board, the court remanded the case for further proceedings. On remand, the Government is to be given an opportunity to offer Mrs. Parodi suitable alternative employment. We will continue, of course, to monitor this case and to keep you apprised of any further developments. John P. Rupp Enclosure cc: (w/ enclosure) Messrs. Chilcote Jacob O ~ Ms. Kornegay Brown W ~ ~ »-• ~ r