Twenty-nine states and the District of Columbia have so-called “smoker protection” laws—laws that elevate smokers to a protected class and make it illegal to discriminate against employees because they smoke. Before the ADA Amendments Act (ADAAA) became effective on Jan. 1, 2009, I was optimistic that these smoke-outs were legal. Now , however, I have reservations. Has the ADAAA created a new protected class for smokers?
Now that the ADAAA is law, is smoking a protected disability?
To continue reading this page, become an
HR Specialist Premium Plus member today!
HR Specialist Premium Plus member today!
Your subscription includes:
- Ask the Attorney: Answers to your HR legal questions
- Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state
- State-by-State: Summaries of HR laws in all 50 states
- Manager's Training Library: a treasure trove of printable training guides
- Memos to Managers for simple staff training
- The Hiring Toolkit: Job descriptions, interview questions & exemption tests for 200+ positions
- Webinar of the Week: Train instantly with recent recordings
- Sample Policies, Weekly Podcasts, Q&As and much, much more ...