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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Inquiry About My Smoking

    My question involves labor and employment law for the state of: NJ

    I am working for a Fortune 500 company. Few days back my manager was asked questions by his manager about whether I smoke. Also it was mentioned I was seen smoking by the manager's manager.

    Though nothing has been mentioned to me directly, I feel I am being setup for a future discrimination. My future performance reviews may not be strictly on merit and my growth can be stunted.

    How do I safeguard myself?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Inquiry About My Smoking

    Quit smoking?

    Smoking is not a protected characteristic and, therefore, it is legal to discriminate based upon that characteristic.

  3. #3
    panther10758 Guest

    Default Re: Inquiry About My Smoking

    Being a smoker does not plce you in a protected class. In order to file a discrimination claim you need to be discriminatred because you belong to a "protected class"

  4. #4
    Join Date
    May 2008
    Posts
    2

    Default Re: Inquiry About My Smoking

    Quote Quoting panther10758
    View Post
    Being a smoker does not plce you in a protected class. In order to file a discrimination claim you need to be discriminatred because you belong to a "protected class"
    The question is when my personal habits do not interfere with my work or my performance, US labor law allows employees to discriminate just because I am not in a protected class?

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Inquiry About My Smoking

    There are lots of forms of discrimination that are completely legal.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Inquiry About My Smoking

    In NJ, it is illegal to discriminate on the basis of whether or not someone smokes. It is not protected at the Federal level or under the laws of most states; NJ is one of the few exceptions.

    However, that does not prohibit the employer from asking; only from taking any adverse action against you because of your answer.

    You CAN, LEGALLY, be prohibited from smoking on company time and on company property. And, before you ask, yes, that means even on your break and even in your own car, if that car is parked on company property. And you CAN, LEGALLY, be disciplined for doing so.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Inquiry About My Smoking

    Quote Quoting cbg
    View Post
    In NJ, it is illegal to discriminate on the basis of whether or not someone smokes. It is not protected at the Federal level or under the laws of most states; NJ is one of the few exceptions.

    However, that does not prohibit the employer from asking; only from taking any adverse action against you because of your answer.

    You CAN, LEGALLY, be prohibited from smoking on company time and on company property. And, before you ask, yes, that means even on your break and even in your own car, if that car is parked on company property. And you CAN, LEGALLY, be disciplined for doing so.
    I am not doubting you... you have always been accurate.

    When did this go through?

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Inquiry About My Smoking

    All I can tell you is, prior to 2005, since it appears in my source material published that year.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Inquiry About My Smoking

    I'm going to take a partial step backwards. Although my source material (published in 2005) shows smoking/non-smoking as being protected in NJ, I cannot find any reference to it on the NJ state website.

    However, the source book shows statute numbers, so I will check the wording of the exact statutes tomorrow, unless someone else has more definite knowledge before then.

    A couple of possibilities; it was protected in 2005 but is no longer (unlikely, since NJ is more apt to add protections than subtract them); smoking/non-smoking is protected under housing discrimination but not employment discrimination (I've found that discrepancy in my source book before); the source material is wrong.

    Back tomorrow with more info.

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Inquiry About My Smoking

    Here are the statutes.
    Quote Quoting New Jersey Smoking Laws
    N.J. Stat. Ann., Sec. 34:6B-1 - Smoking, use of tobacco products shall not affect employment

    No employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other privileges of employment because that person does or does not smoke or use other tobacco products, unless the employer has a rational basis for doing so which is reasonably related to the employment, including the responsibilities of the employee or prospective employee.

    N.J. Stat. Ann., Sec. 34:6B-2 - Law, workplace policies not affected

    Nothing contained in this act shall be construed to affect any applicable laws, rules or workplace policies concerning smoking or the use of other tobacco products during the course of employment.

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