Smoking Discrimination in the Workplace: On and Off the Clock

Lorman Education Services

Identify major issues with smoking discrimination and understand how they can impact policy discussions and implementation in the workplace.

Employers have multiple issues to address that concern or involve the health of their employees. Employees have privacy interests, in addition to their own interests in preserving and improving their health. All of these interests, and more, arise within the context of nonsmoking policies used within the workplace.

This content focuses on situations where employees may claim discrimination or violations of their privacy rights related to their lifestyle choices when disciplined or terminated for smoking tobacco. In addition, this topic will review the duty of employers to provide a safe workplace and the connection between that obligation and the drafting and application of nonsmoking policies in the workplace.

This material will also review current trends regarding employer incentives to have employees reduce or quit smoking. The legal nature of tobacco calls for an in-depth discussion, the terms of which may soon apply to other currently legal products that employees may use and other products that may be legalized in the future.

This topic strives to identify the major issues that can impact such policy discussions and policy implementation at the workplace.

Learning Objectives

• You will be able to discuss the current status of smoking technologies.
• You will be able to review employer's potential exposure for failing to provide a smoke-free workplace.
• You will be able to describe employer application of nonsmoking policies.
• You will be able to identify sample nonsmoking policies.

Faculty:
Ambrose V. McCall, Hinshaw & Culbertson LLP

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