Tuesday, February 15, 2011

Banning Smokers in the Workplace

The New York Times has an article on how some employers, mostly health care-related employers, are going from smoke-free to smoker-free workplaces. Attorney John Hyman pointed out a long time ago that such a policy may run afoul of the Americans with Disabilities Act.


  1. Hey Randy, doesn’t WI already protect smokers from an adverse employment action?

    Take a look at Wis. Stat. § 111.321: http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=111.321

  2. Yes, Wisconsin does have a statute making it unlawful to discriminate against the "use or nonuse of lawful products off the employer's premises during nonworking hours," which would encompass smoking/tobacco use. The point of this blurb is to discuss it as it pertains to filing under the ADA and highlight this recent trend. Thanks for the emphasis on WI law though!