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Smoking vs dipping in Mississippi Mississippi

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  • Smoking vs dipping in Mississippi Mississippi

    My employer has implemented a new rule. No 15 min breaks, no smoke breaks. I'm aware that my state has no break law, but the company policy states 15 minute breaks are given, now it's changed. Here's the thing, this NEW rule is directed toward smokers period. So if a person can only smoke on their 30 min or 1 hr lunch break, what about the dippers, there are many where I work, one is the owners son. They have never been required to go outside to satisfy their habit as of course smokers have been. They dip on the clock, talk to customers and others with dips in their lips and spit everywhere, and spill their dip cups. So is this discrimination or not?

  • #2
    It's not illegal discrimination.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Not my area of expertise but smokers to my knowledge are not a legally protected classes (or sub-class) and employers can generally legally change these sort of policies on a go forward basis. A really good attorney could maybe make a "disparate impact" claim, but that is a reach IMO.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        There is no law anywhere that protects the rights of smokers vs. dippers. Employers are free to allow or ban the use of tobacco products of any kind on their property as they see fit.

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        • #5
          Further, the policy is not just directed at smokers as no one will get the 15 minute breaks. They apparently do not care if you smoke, you just can not do it as often as you might like while on the clock. That others can still engage in their bad habits without taking time away from work is immaterial.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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