Smoking Discrimination in the Workplace: On and Off the Clock

Driven 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.

In this live audio conference, we will discuss the legal considerations an employer must evaluate in determining whether to regulate its employees' tobacco use.

State Lifestyle Discrimination Laws Protecting Smokers’ Rights

Nicotine Addiction as a Disability Under the Americans With Disabilities Act Amendments Act and State Disability Discrimination Laws

Common Law Privacy Concerns in Regulating Employees’ Personal Habits

Federal Regulation of Wellness Programs, Including Smoker Surcharges

Refusing to Hire and Terminating Smokers as an Interference With ERISA Benefits

Special Considerations in Unionized Work Forces: Smoking Policies as a Mandatory Subject of Bargaining Under the National Labor Relations Act

Developing Tobacco-Free Workplace Policies

Michael J. Soltis, Jackson Lewis LLP

• Managing partner of the Stamford, Connecticut office of Jackson Lewis LLP
• Represented employers in a wide range of employment and labor matters for more than 30 years
• Advised on and litigated matters involving just about every type of employment claim, including discrimination claims, family and medical leave claims, public policy and whistle-blower claims, contract claims, and common law employment claims
• Extensive experience on all aspects of family and disability leave management, layoff planning and implementation, and workplace wellness initiatives
• Negotiated more than 100 collective bargaining agreements in a variety of industries
• Co-writes a blog on disability, health and leave management issues, available at www.disabilityleavelaw.com
• Wrote The Connecticut Employment Law Manual 2010 and 2011 editions
• Named a Connecticut Super Lawyer and a New England Super Lawyer in 2008 and 2009
• Recognized as a leading labor and employment attorney by the 2010 Chambers USA Legal Guide
• Member of the Connecticut and New York State Bar Associations
• Admitted to practice before various federal courts in New York, Connecticut, Pennsylvania, Texas and Ohio
• J.D. degree, New York Law School; LL.M. degree in labor law, New York University
• Can be contacted at soltism@jacksonlewis.com

* 90-minute live audio conference (Travel-Free) delivered over the phone and internet.
 * Unlimited listeners per connection - bring the entire department.
 * 10-minute Q&A session with the experts.
 * A professionally prepared reference manual.
 * Continuing education credits available for most live audio conferences

• CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
• HR Certification Institute
• HRPD

Click here for the "Detailed Credit Information" page.

Only registered attendee will receive continuing education credit.