About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-213666 1 (1984-07-26)

handle is hein.gao/gaobadlvd0001 and id is 1 raw text is: lN IION FILE: B-213666 THE COMPNOLLEN GENERAL OP THU UNITE STATUS WAI-INSTON, 0. C. 20840 DATE: July 26, 1984 MATTER OF: Department of Justice--Purchase of air purifier -- OIGEST: Appropriated funds may be used to purchase an air purifier for an individual employee's office only if he qualifies as handicapped under Rehabilitation Act of 1973, as amended, 25 U.S.C. S 701 et seq., because of his hyper- sensitivity to tobacco smoke. If not found to be handicapped, fact that he may be found eligible to retire on partial or total dis- ability grounds does not provide the necessary statutory authority to what would otherwise be a personal convenience purchase. The Assistant Attorney General for Administration has asked whether the Department of Justice may purchase an air purifier for an employee who may qualify for disability retire- ment benefits due to a hypersensitivity to tobacco smoke. The Assistant Attorney General notes that in our decision at 61 Comp. Gen. 634 (1982), we held that the purchase of an air purifier for the office of an employee who suffered from allergies was the employee's personal responsibility and that the expenditure of public funds for such an item was not appro- priate. He also notes that subsequent to our decision, the Ninth Circuit Court of Appeals held that an employee who was unable to perform her duties in the smoke-filled room to which she was assigned would qualify for disability retirement pay- ments unless the Government could accommodate her environmental limitation by offering her suitable employment in a smoke-free environment. Parodi v. Merit Systems Protection Board, 702 F.2d 743 (1982). The Assistant Attorney General suggests that the Parodi decision establishes authority to procure air purifiers for employees who would otherwise be entitled to disability benefits. The Parodi case involved a Federal employee who developed pulmonary complications after being transferred to an office in which a large number of employees smoked. Her doctor recom- mended that she refrain from working in the smoke-filled envi- ronment, and she filed for disability retirement benefits. After reviewing the medical evidence, the Office of Personnel Management (OPM) concluded that Parodi was not totally disabled within the meaning and intent of the Civil Service Retirement Regulations. Parodi appealed to the Merit Systems Protection

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most