What are the laws on smoker Harassment in the workplace? I feel as though I have experienced a form of Harassment from management b/c I am a smoker.

There is no state or federal law that protects smokers in the workplace because they smoke.

Just for clarification, there are states where smoking/non-smoking status is a protected characteristic. However, Louisiana is not one of them.

I think Louisiana is one but, I don't feel like sifting through there complex labor code to find it.
JoeC

Louisiana law also prohibits discrimination on the basis of pregnancy or childbirth, sickle cell trait, handicap, and smoking.

Here's a cite:
http://www.laworks.net/FAQs/FAQ_LouisianaLaborLaws.asp

OP, what kinds of detrimental employment actions have been taken against you?

Just goes to show, once more, that my source is out of date. Time to upgrade.

I can't believe what I'm reading!

SMOKING is a protected characteristic?!?!?!

Ugh, what next? I'm surprised my state hasn't jumped onto this.

There are quite a few states that prohibit discrimination based on "legal activity outside of work" and occasionally on smoking/non-smoking status, i.e. you can't discriminate on the basis that someone does not smoke, either.

My source does not show LA as one of these states but my source was published in 2005. The web site clearly shows smoking as being a protected characteristic.

SMOKING is a protected characteristic?!?!?!


Yepper. In my state, you cannot refuse to hire someone because they smoke, but you don't have to allow them to smoke on the premises or give them breaks not given to non-smokers.

All we have to do now is hear from the OP to find out exactly what adverse employment action has been taken.

Keep in mind that does not mean smoking on the Job if the O.P works in an oil refinery those smokes stay in the parking lot. Also the employer is free to have his building smoke free. The law merely (and rightfully) protects smokers hire,and tenure.
JoeC

Just goes to show, once more, that my source is out of date. Time to upgrade.
Good luck that Louisiana code is a tough one. I remember the cycle cell that mlane58 bought up once I read it. They are in there though.
JoeC

Apologies to OP and all for posting completely wrong information! All I have ever heard about are some of the freak (to me) laws that allow employers to fire people for smoking whether they are at work or not.

This dunce cap is kind of heavy.

Apologies to OP and all for posting completely wrong information! All I have ever heard about are some of the freak (to me) laws that allow employers to fire people for smoking whether they are at work or not.

This dunce cap is kind of heavy.

Happens to everybody thats why there are multiple posters.
JoeC

Ok, I work for a bank in lousiana, I am subject to nicotine testing not only in regards to insurance but in regards to employment. My employment agreement states that the use of tobacco can result in the following actions:
No promotion or change in status, no raises, or termination.

I looked up the law stating that you can not be discriminated on for smoking, heres the link

http://slati.lungusa.org/state-teml.asp?id=18

and heres the excerpt

As long as an individual, during the course of employment, complies with applicable law and any adopted workplace policy regulating smoking it shall be unlawful for an employer to discriminate against the individual with respect to discharge, compensation, promotion, any personnel action or other condition, or privilege of employment because the individual is a smoker or nonsmoker or require, as a condition of employment, that the individual abstain from smoking or otherwise using tobacco products outside the course of employment. Any employer who violates the provisions of this law shall be fined up to $250 for the first offense and up to $500 for any subsequent offenses.

LA REV. STAT. ANN. § 23:966 (1991).

from what i can tell, it can be dictated whether you can smoke on work premies, but it cannot be used as a tool to determine anything else.

Does this law prohibit them from making my employment agreement have this in it, or does the fact that i signed it cancel my rights under this law?

Basically I took a tobacco test today, and I told them that I will fail it, that there will be significant amounts of cotinine, the metabolite of nicotine, in the test. Can they fire me?

Are you using it on the job? What do you mean about the insurance? Are you being denied coverage entirely or is it more expensive?

Im not smoking on the job not even taking smoke breaks, they just dont was employees smoking on their own time. In regards to insurance, they say they will not insure smokers because the banks premiums will go up

Also, two of the vice presidents smoke at work in plain site, but because they have been there for so long, the new employment requirements dont apply to them.

Just checking to see if anyone had any ideas on this topic.

I'm not sure what you want us to say.

HAVE you been fired?

On probation, and just took a urine test which will show positive for nicotine. The stipulation for smoking is in my job agreement so i have proof stating the penalty as termination. I guess the question is, could this make for a lawuit.

What kind of job?
JoeC

Information Technology Administrative Assistant

Contact an attorney if you job is effected adversely. The company sounds like they are out of compliance with state law,giving rise to litigation under public policy.
JoeC

On probation, and just took a urine test which will show positive for nicotine. The stipulation for smoking is in my job agreement so i have proof stating the penalty as termination. I guess the question is, could this make for a lawuit.

I have to ask. If you are a smoker why on earth would you sign such an agreement in the first place?

I thought that I would be able to quit. Then many bad things in my life started happening and made it difficult. I understand I signed the agreement, but does that make it legal if the generation of the agreement is not.

You can not be bound by an agreement that on its face is illegal.
JoeC

I thought that I would be able to quit. Then many bad things in my life started happening and made it difficult. I understand I signed the agreement, but does that make it legal if the generation of the agreement is not.

The time to negotiate such things and explore them is before you sign, not after you have already violated the contract in the hopes that it might not be enforceable. You will need to take the agreement to a lawyer to review. Whether this is something you can agree to waive or not and whether the wording is enforceable is best left to a lawyer.

So if someone doesnt know that something is not legal when they sign it, they should have no rights when they find out later that their privacy rights are being violated?

So if someone doesnt know that something is not legal when they sign it, they should have no rights when they find out later that their privacy rights are being violated?
No of course not don't get side tracked with that.

JoeC

It isn't your privacy rights that are being violated. Drug testing is legal. The agreement may or may not be enforceable. Certain "rights" can be signed away if you agree to it in writing so it makes much more sense to investigate whether an agreement is enforcable and negotiate the terms beforehand rather than spend lots of money and time and effort after the fact in the hopes that it won't be enforceable. Why a smoker would sign an agreement stating they won't smoke in the hopes of maybe quitting I have no idea. It is generally a very bad practice to agree to anything you aren't able to uphold.

Ok so your saying that all that negates the fact that the bank is breaking the law? My private life (smoking cigarettes AT HOME) is just that, private. I did not fully understand it was against louisiana labor law to hire, fire, deny promotion, other enforce other punishment, based soley on smoking status. If a person ignorantly agrees to work for under minimum wage and doesnt find out till later that by law they should be getting more, is that person just supposed to say oh well i should have known better before i agreed? does the law really work that way? If you dont know the law, it doesnt apply to your situation? So if i didndt know that murder was illegal, and i kill someone, even if that person is consenting, and I find out later, o thats not right, i guess i should get off then right? And the victim disserves their fate.

OK so your saying that all that negates the fact that the bank is breaking the law? My private life (smoking cigarettes AT HOME) is just that, private. I did not fully understand it was against Louisiana labor law to hire, fire, deny promotion, other enforce other punishment, based solely on smoking status. If a person ignorantly agrees to work for under minimum wage and doesn't find out till later that by law they should be getting more, is that person just supposed to say oh well i should have known better before i agreed? does the law really work that way? If you don't know the law, it doesn't apply to your situation? So if i didn't know that murder was illegal, and i kill someone, even if that person is consenting, and I find out later, o thats not right, i guess i should get off then right? And the victim dissevers their fate.
Exactly the whole arguments lame,if an adverse employment action happens over it contact an attorney.
JoeC

I don't think anyone is saying tough, there's nothing you can do about it now. Everyone is telling you the same thing; Take it to an attorney to see if the agreement currently in place is enforceable.

And, Elle is also telling you, next time don't sign something you can't produce.

No the employer should not produce documents for signature that are not legal in the first place as a condition of employment. I hope the judge slaps a punitive damage award on this bogus employer.
JoeC

That agreement is invalid. Your employer can't violate state law by having you sign agreement that essentially takes away your protection under the law. See an attorney ASAP.

Ok so your saying that all that negates the fact that the bank is breaking the law? My private life (smoking cigarettes AT HOME) is just that, private. I did not fully understand it was against louisiana labor law to hire, fire, deny promotion, other enforce other punishment, based soley on smoking status. If a person ignorantly agrees to work for under minimum wage and doesnt find out till later that by law they should be getting more, is that person just supposed to say oh well i should have known better before i agreed? does the law really work that way? If you dont know the law, it doesnt apply to your situation? So if i didndt know that murder was illegal, and i kill someone, even if that person is consenting, and I find out later, o thats not right, i guess i should get off then right? And the victim disserves their fate.

Once again, you have to take the agreement to an attorney to see if it is enforceable or not. My point is that you should have done this before you signed it as with any other contract or legal document, particularly if you knew there wasa good chance you would violate it. No one here can accurately tell you whether a contract you signed is valid unless they are a lawyer in your areea, familiar with contract law and have reviewed the document. You can argue all you like that you were ignorant of the law but it isn't going to change the answer. It is either going to be enforceable or it isn't. Until you take it to a lawyer to review, you won't know the answer.