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Smoking Discrimination in the Workplace: On and Off the Clock

Identify major issues with smoking discrimination and understand how they can impact policy discussions and implementation in the workplace. Employers have multiple issues to address that concern or involve the health of their employees. Employees have privacy interests, in addition to their own interests in preserving and improving their health. All of these interests, and more, arise within the context of nonsmoking policies used within the workplace. This content focuses on situations where employees may claim discrimination or violations of their privacy rights related to their lifestyle choices when disciplined or terminated for smoking tobacco. In addition, this topic will review the duty of employers to provide a safe workplace and the connection between that obligation and the drafting and application of nonsmoking policies in the workplace. This material will also review current trends regarding employer incentives to have employees reduce or quit smoking. The legal nature of tobacco calls for an in-depth discussion, the terms of which may soon apply to other currently legal products that employees may use and other products that may be legalized in the future. This topic strives to identify the major issues that can impact such policy discussions and policy implementation at the workplace.


Runtime: 95 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Current Status of Smoking Technologies - New and Old Forms of Consuming Tobacco

  • Cigarettes Including E-Cigarettes and Smokeless Cigarettes
  • Chewing Tobacco and Snuff Tobacco
  • Cigars and Pipes
  • Recent FDA and State Agency Actions on Tobacco

Overview of Constitutionality of Smoking Restrictions Imposed by Governmental Entities on Smoking in Public Places and Their Relation to the Workplace

  • Equal Protection, Due Process, Liberty and First Amendment Interests
  • Scope of Authority of States and Local Authorities to Exercise Regulatory Authority
  • Extent That Constitutional Interests Impact Private Business Premises and Work Rules

Employer's Potential Exposure for Failing to Provide Smoke-Free Workplace

  • Employer Duties to Provide Safe Workplace
  • Negligence and Intentional Infliction of Emotional Distress Theories
  • Disability Discrimination Claims
  • Breach of Contract and Other Legal Theories
  • OSHA - Agency History on Tobacco and 29 CFR 1910.1000 on Air Contaminants
  • State Indoor Air Regulations

Employer Strategies

  • Screening for Smokers
  • Incentives for Employees to Quit Smoking
  • Wellness Programs

Employee Responses

  • Is Nicotine Addiction a Disability Under the ADA or State Disability Discrimination Laws?
  • Can Employees Show That Denial of Nicotine Substantially Limits a Major Life Activity?
  • Do State Laws Granting Right to Use Lawful Products Include Smoking or Consuming Tobacco?
  • Can Employees Claim Violations of State Privacy Laws, Violations of Invasion of Privacy Tort Doctrines or Lifestyle Discrimination?
  • Common Law Tort Actions Over Privacy Including Intrusion Upon Seclusion and False Light
  • Collective Bargaining Agreement Provisions on Tobacco Use

Employer Application of Nonsmoking Policies

  • Consistency and Reasonableness
  • Alleged Unequal Application of Nonsmoking Policies in Discrimination Cases

Sample Nonsmoking Policies

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on April 11, 2018.

Call 1-866-352-9540 for further credit information.

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • HR Certification Institute 1.5
     
  • This E-Learning program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ambrose V. McCall

Ambrose V. McCall

Hinshaw & Culbertson LLP

  • Partner of Hinshaw & Culbertson LLP, Peoria, Illinois
  • Advises clients on a range of employment issues, including state and federal regulatory, compliance, handbooks, and employee programs
  • Represents a number of clients in commercial litigation including breach of contract, real estate, and construction claims
  • Defends clients against claims of employment discrimination, retaliation, wrongful discharge, wage and hour, and civil rights
  • Clients include a wide variety of insurers, professionals, and business firms throughout Illinois
  • J.D. degree, Case Western Reserve University School of Law
  • Can be contacted at [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401527
Published 2018
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