Los Angeles Daily Journal

Small Michigan company, Weyco Inc., implemented a tobacco free policy that led to the termination of employees that smoked in their own homes.  Littler’s Tanja Darrow covers legitimate and legal reasons an employer may impose policies that govern off duty conduct such as smoking, including a direct financial impact on employers. There are state and federal laws protecting people with conditions like obesity, alcoholism and AIDS; it is unlawful to discriminate against a job applicant based on a legally recognized disability. However, while smoking is not a constitutional right, it is also not a condition that is afforded protection by federal law.