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90-minute live streaming program
  • April 11
  • 1:00 - 2:30 pm EST

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OnDemand Webinar

Smoking Discrimination in the Workplace: On and Off the Clock

April 11

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.

Learning Objectives

- You will be able to discuss the current status of smoking technologies.

- You will be able to review employer's potential exposure for failing to provide a smoke-free workplace.

- You will be able to describe employer application of nonsmoking policies.

- You will be able to identify 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.

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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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.

Credits

OnDemand Webinar

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

Live Webinar Registration

  • AL CLE 1.5 (Pending)
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5 (Pending)
     
  • This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5 (Pending)
     
  • This program has been submitted as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This 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.
     

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

Who should attend?

This live webinar is designed for benefits and human resource managers, employee relations and personnel directors, business owners and managers, supervisors and team leaders, presidents, vice presidents, compliance officers and attorneys.

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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.

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 2013, 2018
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