Page 2 of 2 FirstFirst 1 2
Results 11 to 12 of 12
  1. #11
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Inquiry About My Smoking

    I agree that smoking is a protected category in NJ: An employer shall not take adverse action against an employee because the employee does or does not use tobacco, except on a rational basis reasonably related to the employment. (etc) I came up with the same as Aaron & my source is from 2008. You can't discriminate against them if they smoke (ie in refusing to hire) but you can ban them from smoking in the workplace.

  2. #12
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Inquiry About My Smoking

    Quote Quoting doingtp
    View Post
    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?
    Watch your back, as you suggest, if you are employed at will, you never know what is in the mind of an employer, legal or not.

    Oddly enough NJ was the state for the first major anti-smoking employment related case law: Shimp v. New Jersey Bell, 145 NJ Super 516.

    A telephone company secretary filed suit seeking an Injunction to prohibit her employer from allowing smoking in the workplace as she cited respiratory problems etc. The court of Chancery cited studies about the effects of second hand smoke and also cited the "general welfare" clause of OSHA as one basis to grant the Injunction.

    I know this case well, as I was involved in such a dispute with a former employer many years ago. I as a NON smoker was subject to second hand smoke, which is poisonous.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Quiet Enjoyment: Smoking in a Non-Smoking Building
    By CindyinMass in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-30-2010, 11:07 AM
  2. Credit Reports: Inquiry in a Credit Report
    By Lucyle in forum Personal Finance And Investment Law
    Replies: 2
    Last Post: 08-04-2009, 08:13 AM
  3. Car Title Inquiry
    By midtownj in forum Vehicle Registration and Title
    Replies: 1
    Last Post: 06-15-2009, 09:53 PM
  4. I-134 Sponsor Inquiry
    By ktigran in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 02-05-2009, 03:09 PM
  5. Credit Reports: Unauthorized Inquiry
    By Bill88 in forum Personal Finance And Investment Law
    Replies: 5
    Last Post: 10-24-2007, 04:11 PM
 
 
Sponsored Links

Legal Help, Information and Resources