| Abstract: | Caution is warranted when undertaking smoking measures that go beyond those required by state or local laws and do not accommodate the interests of all employees. Twenty states and the District of Columbia have enacted laws regulating smoking in the private workplace. In contrast, twenty-two states recently have enacted laws that protect persons who smoke outside the workplace from being subjected to adverse employment actions. Although these laws vary widely in their language and specifics, most pose practical and compliance problems for employers. The following article updates the author's more comprehensive examination in 1988 of judicial, legislative, and employer responses to the workplace smoking issue published in 14 Employee Relations Law Journal 359 (1988). |
