What are my rights as an employee if I do not want smoking inside my workplace?

UPDATED: Sep 30, 2022

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What are my rights as an employee if I do not want smoking inside my workplace?

I work for a small business owner and he and his wife smoke in the backroom which is also my break area. They know this bothers me but they won’t stop. They have not posted any no

smoking signs. They are the type of people that are very defensive when you question them on things and make your workplace environment very unpleasant. I need my job but the smoking is out of hand.

Asked on October 27, 2016 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under the "Smoke-free Illinois" act, smoking is banned in workplaces--even in small businesses. If the owner(s) do not comply, you could file a complaint with the Illinois Department of Public Health and they could potentially be fined for their violation. Below is a link to an informative webpage put out by your state government:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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