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Smoking Discrimination in the Workplace


Identify major issues with smoking discrimination and understand how they can impact policy discussions and implementation in the workplace.

Many employers are learning that a sizable percentage of employees still consume or smoke tobacco or other lawful products. The use of such products by employees raises the potential need for policies at the workplace to bar, prohibit, or regulate the use of such products while allowing for their consumption away from the workplace. In addition, the use of such lawful products such as tobacco may result in the occurrence of claims of disability or aggravated medical conditions that may call for an employer to participate in the interactive process required by federal or state laws governing disability discrimination claims. Moreover, the lawful rights of smokers and nonsmokers may require a course of action by an employer that produces new HR policies that are accompanied by education and training efforts supporting their consistent application while allowing for medical and other lawful exceptions.



Ambrose V. McCall

Ambrose V. McCall

Hinshaw & Culbertson LLP

  • Partner of Hinshaw & Culbertson LLP
  • Represents a number of employers regarding employer monitoring and privacy issues and related claims by employees before courts and governmental agencies
  • Advises clients on a range of employment issues, including state and federal regulatory laws, compliance, handbooks, and employee programs
  • Defends clients against claims of employment discrimination, retaliation, wrongful discharge, wage and hour, and civil rights
  • Represents a number of clients in commercial litigation, including breach of contract, real estate, and construction claims
  • 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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