{"id":357938,"date":"2016-04-04T10:45:32","date_gmt":"2016-04-04T15:45:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/workplace-safety\/smoking-tobacco-in-the-workplace.html"},"modified":"2024-07-12T11:30:01","modified_gmt":"2024-07-12T16:30:01","slug":"smoking-tobacco-in-the-workplace","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/workplace-safety\/smoking-tobacco-in-the-workplace.html","title":{"rendered":"Smoker Protection Laws"},"content":{"rendered":"\n
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Smoker Protection Laws<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

There is no federal law on workplace smoking, so most states have their own smoking laws. Some cities and counties also pass local ordinances.<\/p>\r\n

Balancing smoker protection laws against nonsmoker protection<\/a> presents a delicate balance for employers.<\/p>\r\n

Basics of Smoking Laws<\/h2>\r\n

Smoking laws vary. Employers are free to ban smoking in the workplace. They can also designate smoking areas. In some states, smokers have legal protections against workplace bias, while in other states, they don’t.<\/p>\r\n

The purpose of existing laws is to protect workers’ health<\/a>. Concerns about the effects of secondhand smoke on nonsmokers<\/a> led most states to create laws that limit smoking at work. Recent studies show that nonsmokers exposed to tobacco smoke can develop serious health effects. Some of these health problems include lung cancer and heart disease. Secondhand smoke exposure can also increase health care costs.<\/p>\r\n

Workplace Smoker Protection Laws<\/h2>\r\n

Employers can adopt a no-smoking policy. But bias against smokers is not allowed in most states. Twenty-nine states and the District of Columbia have laws protecting smokers from employment discrimination<\/a>.<\/p>\r\n

These laws prohibit employers from considering an employee’s tobacco use<\/a> when making decisions about:<\/p>\r\n