Smoking Discrimination in the Workplace: On and Off the Clock

Training Provided by Lorman Education Services nDriven by reports that smokers file more health insurance claims and are absent more frequently than nonsmokers, a growing number of employers have implemented programs to minimize the number of smokers in its workforce. These employer programs range from offering quit smoking programs to refusing to hire smokers and even terminating smokers. Privacy advocates argue an employer's interest in the smoking habits of applicants and employees ends at the employer's property line, and that an employer has no business regulating whether applicants or employees smoke off-duty, away from the employer's premises. They caution that if an employer can regulate an individual's off-duty smoking habits at home or even on vacation, the "slippery slope" could lead to an employer's regulating employees' eating habits, exercise programs and other aspects of their lives. n nIn this teleconference, we will discuss the legal considerations an employer must evaluate in determining whether to regulate its employees' tobacco use.

Smoking Discrimination in the Workplace: On and Off the Clock Agenda

1. State Lifestyle Discrimination Laws Protecting Smokers' Rights
2. Nicotine Addiction as a Disability Under the Americans With Disabilities Act Amendments Act and State Disability Discrimination Laws
3. Common Law Privacy Concerns in Regulating Employees' Personal Habits
4. Federal Regulation of Wellness Programs, Including Smoker Surcharges
5. Refusing to Hire and Terminating Smokers as an Interference With ERISA Benefits
6. Special Considerations in Unionized Work Forces: Smoking Policies as a Mandatory Subject of Bargaining Under the National Labor Relations Act
7. Developing Tobacco-Free Workplace Policies

About The Training Provider: Lorman Education Services

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