Do nonsmokers have rights?

Do nonsmokers have rights?

Most states prohibit discrimination on the basis of disabilities. In many states, nonsmokers sensitive to tobacco smoke are considered “handicapped” and entitled to effective or reasonable accommodation. Smoking in the workplace must be completely eliminated if that is the only effective means of protecting nonsmokers.

Is it legal to discriminate against smokers?

Although there’s no federal prohibition against discriminating based on smoking (being a smoker is not a protected class in any federal regulation), more than half of states do have some form of prohibition of exactly that. Some states outright prohibit discriminating against tobacco users.

Are smokers a protected class?

Smokers are not a “protected” class under the law. In contrast, discrimination in hiring based on race, sex, religion, is currently illegal. For employers who provide health insurance as a benefit, their employees who smoke incur higher health costs, which the employer must pay for.

Can you smoke cigarettes in your backyard?

Currently, there is no statewide law prohibiting smoking in private residential units in California, such as apartments and condos. Some cities and counties in California do not prohibit smoking altogether but still have laws restricting smoking in certain areas of multi-unit residential units.

What have communities done to protect the rights of nonsmokers?

Protect Local Control Americans for Nonsmokers’ Rights is the leading national lobbying organization (501 (c) 4) dedicated to nonsmokers’ rights, taking on the tobacco industry at all levels of government, protecting nonsmokers from exposure to secondhand smoke, and preventing tobacco addiction among youth.

Can a person’s rights be taken away?

A right is a power or privilege that is recognized by tradition or law. Legal rights are those recognized by government, but they can often be taken away as easily as they are given.

Can my employer tell me I cant smoke?

It depends on your state’s law. Federal law doesn’t address whether employers can fire employees for smoking. In a number of states, however, it is illegal to fire an employee simply for being a smoker. These laws, often called “off-duty conduct” laws or “lifestyle discrimination” laws, take several forms.

Can I force my neighbor to stop smoking?

You have a doctor’s note documenting your condition, so you may be entitled to what is known as a reasonable accommodation for the disability. Such an accommodation could mean stopping the neighbor from smoking in his or her apartment or preventing the smoke from entering yours.

Where can you legally smoke in the workplace?

Smoking in work vehicles. Smoking isn’t allowed in any work vehicle that more than one person uses, eg: A worker can smoke in a company car that only they use if their employer agrees. Residential care homes. Residential care homes and hospices can offer individual smoking rooms but only for residents.

Do landlords have to tell you not to smoke in your apartment?

Landlords typically inform tenants of a no-smoking policy or smoking restrictions through a clause in their lease or rental agreement. Most likely, such a clause applies to smoking of any sort, not just tobacco, but if you’re not sure, ask your landlord—preferably before you sign anything.

Do you have to tell your employer about secondhand smoke?

An employee that has a legitimate health condition, which goes beyond mere annoyance, may require their employer to prevent harms from secondhand smoke. If you have a health condition that is aggravated by secondhand smoke, you should inform your supervisor of your condition and ask for an accommodation to prevent additional harm.

Can an employer make you stop smoking in the workplace?

Even if there is not an applicable law, employers can have their own workplace smoking policies that prohibit smoking entirely or limit it to certain areas, like a break room, or outside area. While these laws have been challenged in court, they are generally upheld.