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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.

90 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 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

The Legal History Behind Smoking Restrictions at Work

  • OSHA's Failed Attempt to Regulate Workplace Smoking
  • Survey of FDA's Actions and Rules Regulating Tobacco
  • Safety Measures Undertaken by State and Local Governments

State Privacy Laws and Their Impact on Regulating Workplace Smoking

  • Smoker Protection State Laws That Developed Into State Privacy Statutes
  • Examples of Statutory and Regulatory Procedures for Employee Claims
  • Common Law Privacy Claims Including Intrusion Upon Seclusion
  • Examples of Workplace Smoking Violation-Related Claims and Workplace Disciplinary Actions

Employer Protections for Personnel

  • Americans with Disabilities Act
  • What May Qualify as a Disability Under the ADA
  • What May Qualify as Substantially Limiting a Major Life Activity
  • Can Employee Claim That Employer Regarded Employee as Disabled?
  • What May or May Not Constitute a Reasonable Accommodation Under the ADA?
  • Potential Application of State Disability Rights Laws
  • Survey of Employee Claims of Disability Caused by Tobacco Smoke
  • Anti-Retaliation Claims Over Alleged Employer Reactions to ADA Claims

Workers' Compensation Claims

  • Potential Workers' Compensation Claims Based on Exposure to Second Hand Smoke
  • Workers' Compensation Claims and Insurance Ratings
  • Employees With Allergies or Asthma
  • Employees Who Have Long-Term Exposure to Secondhand Smoke
  • Anti-Retaliation Claims Over Alleged Employer Reactions to Workers' Compensation Claims

Does an Employer Have Other Legal Duties to Provide a Safe Workplace That May Involve Tobacco?

  • OSHA General Rule
  • Common Law Principles and Cases
  • Potential Liability Exposure of Employers

Labor and Wage Issues

  • Do Workplace Smoking Issues Have to Be Bargained Over With Union by Employer?
  • Compensable Break Time Spans of 20 Minutes or Less

Additional Issues Around Smoking

  • Smokeless Tobacco
  • Vaping Devices
  • Comparisons With Treatment of Legal Usage of Marijuana by Employees

The Family Medical Leave Act

  • What Accommodations Were Requested by the Employee?
  • What Accommodations Were Granted by the Employer?
  • What Do the Physicians Say Prevents an Employee From Returning to Work and Performing Job Duties?
  • Is There a Pattern of Continuous Disability-Related Harassment Sufficient to Support an FMLA Retaliation Claim?

The Interaction of Smoking Rights and Regulation With Public Place Regulations

  • Employer Practices
  • Clear Policies Acknowledged by Employees
  • Consistent Application of Procedures and Policies When Violations Occur
  • What Absence of Consistent Application or Lack of Enforcement of No Smoking Policies Can Do in Potentially Creating Alleged Evidence of Disability Discrimination
  • Common Law Privacy Torts - Intrusion Upon Seclusion
  • Distinction of Rights Regarding Employee Use of Lawful Products at and Away From Workplace
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Why Lorman?

Over 34 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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • NJ CLE 1.8
     
  • 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.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on July 19, 2021.

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

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • 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 Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. 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, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • 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).
     
  • 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.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand 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.
     
  • 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.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • 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 E-Learning program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). 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.
     

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.

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Why Lorman?

Over 34 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
  • 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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Why Lorman?

Over 34 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!


  • OnDemand Courses
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  • MP3 Downloads
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  • Executive Reports
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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 408834
Published 2021
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