πŸ’° California Workplace Smoking Laws | Rukin Hyland & Riggin LLP

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There's two ways of looking at individual rights and smoking in the workplace. On one hand, non-smokers may feel they have a right to a.


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Posted in Civil rights in the workplace, Uncategorized on January 30, Although second-hand tobacco smoke is considered by many to be a health hazard.


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The ACLU does not oppose smoking bans in public buildings, in the workplace or in locations where non-smokers may be subjected to secondary smoke. We.


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There's two ways of looking at individual rights and smoking in the workplace. On one hand, non-smokers may feel they have a right to a.


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Because the law does not protect the right to smoke in the workplace, an employer may ban workplace smoking. However, many state laws do.


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Indeed, the courts have been quite hostile to the claims of nonsmokers seeking a legal "right" to a smoke-free work environment. That same conclusion is also.


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There's two ways of looking at individual rights and smoking in the workplace. On one hand, non-smokers may feel they have a right to a.


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Indeed, the courts have been quite hostile to the claims of nonsmokers seeking a legal "right" to a smoke-free work environment. That same conclusion is also.


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Employees who are disabled by exposure to tobacco smoke at work that β€œthe evidence does demonstrate to the Court the tenants' right to.


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Do Employers Have to Give Employees a Place to Smoke? Generally, smoking on work premises is usually not allowed, unless it's in a smoking-.


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One widely accepted meaning, however, is the right to be left alone. A: Often, an employer claims to be charging "unhealthy" employees a premium over the "normal" rate, while some employers claim to be giving their "healthy" employees a discounted rate. A: The driving force behind this trend is economics, in particular the rising cost of health care benefits provided by employers. Q: Isn't this creating a "civil right" to drink and smoke?{/INSERTKEYS}{/PARAGRAPH} All of these activities entail a health risk. The word "privacy" means many different things to different people. A: Employers' desire to keep their health care insurance costs down is understandable, but it is unclear that employers can save much by engaging in lifestyle discrimination. Q: Who is affected by lifestyle discrimination? A: Several groups have been targeted by employers and subjected to discriminatory practices, both on the job and during pre-employment screening. This may not be wrong in principle, but the employer should be able to justify surcharges imposed on an employee whose lifestyle is deemed "unhealthy" with sound actuarial data. Q: Why shouldn't employers be able to restrict their employees' "high-risk" activities? The framers of our Constitution and Bill of Rights certainly embraced that meaning, especially with regard to the sanctity of family life. The ACLU does not oppose smoking bans in public buildings, in the workplace or in locations where non-smokers may be subjected to secondary smoke. Facebook Twitter Reddit Email Print. Where do we draw the line as to what an employer can regulate? Health care costs for employers are increasing almost three times as fast as inflation. A: Not at all. It is more difficult to quantify the number of companies who discriminate against overweight people because this is seldom an official corporate policy, but the evidence suggests that such discrimination is at least as common. The ACLU has found that state legislation is the best method for protecting workers' private lives. Q: Why shouldn't employers be allowed to keep their costs down by hiring employees who won't generate high medical bills? Ninety-three percent believe that an employer does not have the right to base employment decisions on whether an employee smokes after work, and ninety-six percent say it is inappropriate to base employment decisions on whether a person drives a motorcycle. This cherished right is now under attack, but the government is not the primary culprit. The American Civil Liberties Union believes that what a person does during non-working hours away from the workplace should not be the basis for discrimination. Lifestyle discrimination legislation is supported by a wide variety of civil rights groups and labor organizations, as well as by a majority of Americans. Other targeted groups are: people with hypertension or high serum cholesterol levels, social drinkers, sports enthusiasts and, potentially, people who are genetically prone to contracting certain debilitating diseases. Private employers are using the power of the paycheck to tell their employees what they can and cannot do in the privacy of their own homes. {PARAGRAPH}{INSERTKEYS}Jump to navigation Skip navigation. We object only to bans on smoking, drinking, diet and hobbies in a person's own home. Two states have already passed comprehensive laws against lifestyle discrimination, and 21 other states have laws that provide partial protection. Furthermore, even if there were significant savings, the price would be too high. A National Consumers League poll showed that 84 percent of Americans believe that an employer does not have the right to refuse to hire an overweight person. Q: Can't employers just charge a premium to employees whose activities raise the cost of health insurance? The employer should be able to demonstrate that an employee's behavior increases the employer's health care costs by a measurable amount. The real issue here is the right of individuals to lead the lives they choose. A survey taken by the Administrative Management Society revealed that six percent of employers about 6, companies were discriminating against off-duty smokers. Several factors are contributing to the high cost of health insurance, but the only factor employers have substantial control over is their employees. Either way, however, some employees are required to pay more for health insurance than others. A: No. For example, the Bureau of National Affairs reported in that 95 percent of companies that banned smoking reported no financial savings. Legislative Briefing Kit on Lifestyle Discrimination. Q: What causes employers to engage in lifestyle discrimination? That figure has almost certainly risen. Permitting employers to act as "health police" will not solve our nation's health care crisis; it will only destroy the private lives of working Americans. To permit such discrimination allows, in effect, the banning of perfectly capable workers from any type of employment -- thus, denying them the opportunity to earn a living for themselves and their families. Employers should not be permitted to regulate our lives 24 hours a day, seven days a week. Those most frequently discriminated against are smokers and people who are overweight. Should an employer be able to forbid an employee from going skiing? A: Virtually every lifestyle choice we make has some health-related consequence. It is very important that we preserve the distinction between company time and the sanctity of an employee's private life. Under the pressure of economic considerations, employers may very well try to regulate every health-related aspect of their employees' lives, including diet, hobbies, sleep habits and even childbearing. The employer should also be required to show that the surcharge is not discriminatory -- that is, does not fall disproportionately on racial minorities or other protected groups.