Employer Smoking Ban
My employer is implementing a no smoking policy everywhere on the premises including outside the building and the parking lot.
Can they legally implement if the property is not owned by the company, instead they lease or rent from a third party?
Would this be considered discrimination since smoking is an addiction and other types of addictions are treated as medical conditions and cannot be discriminated against under the disability act?
Answers (1)
An employer can ban smoking at work, outside work and even away from work.
In Ohio and under the Americans with Disabilities Act, an addiction to nicotine is not a "disability." Therefore, an Ohio employer can discriminate against smokers without violating applicable laws. The discrimination can take the form of prohibiting smoking at work, on company premises and even away from work. For example, an Ohio employer could lawfully refuse to hire applicants who smoke.
posted by Neil Klingshirn | Sep 26, 2005 09:11 AM [EST]
In Ohio and under the Americans with Disabilities Act, an addiction to nicotine is not a "disability." Therefore, an Ohio employer can discriminate against smokers without violating applicable laws. The discrimination can take the form of prohibiting smoking at work, on company premises and even away from work. For example, an Ohio employer could lawfully refuse to hire applicants who smoke.
posted by Neil Klingshirn | Sep 26, 2005 09:11 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500