Google Scholar. Benson, T. Smoke signals get mixed readings. Industry Week, , , Cain, C. No smoking: Employers say restrictions can cut costs. Business Insurance, 17 , Callahan, E. Employment at will: The relationship between societal expectations and the law.
American Business Law Journal, 28 , Colosi, M. Do employees have a right to smoke? Personnel Journal, 67 , Cowley, G. Secondhand smoke, some grim news. Newsweek, , Supp , at Tex Frammolino, R.
Tobacco groups number 1 in political donations, commenting on a study issued by the U. Goh, J. Kansas Law Review, 39 , — Click here to read more about how we use cookies.
Dori Stibolt. To embed, copy and paste the code into your website or blog:. And, Kurtz remains good law in Florida as of Send Print Report. Fox Rothschild LLP. Many prevent employers from employment discrimination based on lawful, off-duty conduct, which would include smoking cigarettes. In these states, while an employer cannot refuse to hire an employee solely because the employee is a smoker, there may be exceptions.
For example, some of the statutes only apply to employers with a certain number of employees, or to public employers. Many statutes also have exemptions where smoking would pose a safety risk to the employee or the workplace e. To this end, some statutes also specifically exempt certain professions such as firefighters or police officers.
In addition, some statutes have exemptions for religious or non-profit organizations if smoking is incompatible with the purpose of objective of the organization e.
If this occurs the commissioner may grant an employee past and future medical expenses and temporary disability benefits. The first thing you should do is voice your concerns to your employer.
Your employer may be unaware that its policy is illegal or harmful to you. If your employer is unresponsive to your concerns, contact your state's labor or health department, or a lawyer in your state. This is the best way to get more detailed information about the particular laws of your state, and what legal options are available to you. For more information, visit the Americans for Nonsmokers' Rights website at www. The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases.
Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.
Find an Employment Attorney. Workplace Fairness is a non-profit organization working to preserve and promote employee rights. This site provides comprehensive information about job rights and employment issues nationally and in all 50 states. More about Workplace Fairness.
To learn more about smoking and the workplace, read below: 1. Do I have the right to smoke at work? Do I have the right to a workplace free from secondhand smoke?
Is being around coworkers who smoke hazardous to my health? Does workplace smoking violate health and safety laws like OSHA, which regulates exposure to hazardous substances? I have a health condition that is aggravated by smoking. Is my employer required to accommodate me by preventing others from smoking? Is it legal for an employer to only hire non-smokers? Tobacco is a legal substance. Can I be fired for smoking away from work? Is it legal for my employer to charge me more for my health insurance because I am a smoker?
Can I smoke from an electronic cigarette or vapor device at work? I work for a government agency that provides hazard pay, am I entitled to hazard pay when I have to work around secondhand smoke? I have been injured by secondhand smoke, could I get compensation? I believe that my employer's smoking policy violates my rights.
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