What is the law regarding enforcement of a nicotine free workplace?

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What is the law regarding enforcement of a nicotine free workplace?

I’ve used chewing tobacco for years and to get hired I had to be nicotine free cotinine urine test because the new employer is

Asked on January 31, 2017 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Previous Answers


Unfortunately, legally actionable discrimination has to do with discrimination based on a person's race, religion, disability, age (over 40), nation origin, etc. Being a smoker does not qualify. Accordingly, you have no claim here. The fact is that not all workers need be treated the same or even fairly, absent discrimnation as described above. This means that your company can set the conditions of the workplace much as it sees fit, which includes who must be nicotine free. Your only protection here is if your treatment violates the terms of any applicable union/collective bargaining agreement or employment contract.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, legally actionable discrimination has to do with discrimination based on a person's race, religion, disability, age (over 40), nation origin, etc. Being a smoker does not qualify. Accordingly, you have no claim here. The fact is that not all workers need be treated the same or even fairly, absent discrimnation as described above. This means that your company can set the conditions of the workplace much as it sees fit, which includes who must be nicotine free. Your only protection here is if your treatment violates the terms of any applicable union/collective bargaining agreement or employment contract.


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