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?
- Warn bosses against even subtle retaliation
- Supreme Court rules public employee's sworn testimony is protected
- Employee wants transfer to avoid harassment? Be sure to note that she requested it
- Federal employment bias claims may be subject to grievance arbitration
- Employee behaving strangely? Think twice before urging her to seek counseling