I went to my union at work and also threatened to sue my work place and I was eventually removed from the smoke exposed areas. The reality of the situation was that my manager was a smoker and expected the position that I worked in to have to tolerate secondhand smoke because we had patients who smoked.

The state came in shortly after that to examine the workplace and we recently went smoke-free on August 1 of this year.

Be sure to go to a doctor if you are having health problems related to it and get a doctors note. Keep a paper trail of everything. Once you are diagnosed that will mean you have a *disability.*

Missouri has a Clean Indoor Air Law - http://www.dhss.missouri.gov/SmokingAndTobacco/
and please be sure to read this:
http://www.dhss.missouri.gov/SmokingAndTobacco/FAQ_CIA.pdf

http://www.missouridisabilityattorney.com/
Any disabled person in Missouri unable to perform functions he or she has performed prior to a personal injury or an accident is liable to collect disability compensation. Disability compensation benefits are payments from public or private funds to a disabled person who cannot work, such as social security or workers’ compensation benefits.

The American’s with disabilities act (ADA) permits claims of disability due to secondhand smoke exposure - so I think that you could get legal representation through the ADA.

http://www.wmitchell.edu/TobaccoLaw/resources/Douglas.pdf
The ADA enables employees to take
legal action if they believe they have suffered
discrimination relating to exposure to secondhand
tobacco smoke. Individuals who believe they may
have been subjected to workplace discrimination
relating to a disability may file a complaint with the
Equal Employment Opportunity Commission or
designated state human rights agencies. To file a
complaint with the EEOC, individuals can begin by
calling (800) 669-4000 (voice) or (800) 800-3302
(TDD) to reach the field office in their areas.
In addition, the regulations adopted to implement
the ADA provide that any person subjected to
discrimination may institute a civil action to prevent such discrimination, including an application for a temporary or permanent injunction or other potential remedies.
As in the public accommodation context described
above, the plaintiff may also request the intervention of the Justice Department, which will then determine whether the case is of general public importance.

Again, if the Justice Department does so, the court
may permit the Department to intervene in the action,and in some circumstances the court may then appoint an attorney for the plaintiff and authorize commencement of the action without the payment of fees or costs.

Conclusion
It is apparent from a survey of the cases decided
to date that an individual who clearly satisfies the requirements of the ADA and offers a solid
foundation of evidence to support his or her
allegations can succeed in a claim brought under the ADA.

Keep us posted!
Cheers & hugs,
robbster

hugs,
robbster

Anything that is going to curtail use of this drug, I am willing to support, even if it is a measure to tax tobacco.

Addiction to tobacco is not always a choice. I know a lady who is 67 years old and has tried everything short of having herself transported to a deserted island.

She is currently breathing oxygen and still smoking - and she wants to quit but has failed every attempt. I might add that she comes from a long line of smokers. Her children and her grandchildren smoke.

I don’t believe our children deserve this legacy…

I strongly believe that tobacco companies owe society for their deceptions - my father-in-law smoked his entire life and tobacco ended his life with smoking-related diseases of COPD, Emphysema, and lung cancer.