I am getting discriminated against at work because I smoke. What can I do?

Question

I have worked at this job for 2 months and they new I smoked when I started and it was no problem, but now some of the other employees are starting to bug me about it. Telling me to quit (which yes I know I need to) and just really buggin the piss out of me. Well, today the boss called me into his office and gave me a employee handbook which NOW states that there is to be no smoking in the building (which I knew that duh!) or on the premises at all. WHAT!? It's not just that he has been calling me into his office alot lately as if he is trying to make me quit instead of having to fire me. He also added in the handbook no outside work or anything else that would hinder your perfromance in the workplace. HELLO! I go to school at night....so what? am I just supposed to quit school too? What can I do when this is supposed to be an EOE?

I would really love to quit, but I don't want the other employees to have to walk around with no heads! If you have ever had an addiction then you would know what I am talking about.

Oh...and I think he is trying to pressure me into quiting. He is constantly asking what my plans are? What are my plans? To work and make money...simple enough. I also have a handicapped child who has alot of Dr.'s appts that we have to go to out of town and he stays sick alot and I let him know that at the interview and now he is making a big deal about it. This is no corporate office....it's a rinky dink Insurance company that barely has any business and I get sooo bored half the time I am playing on the internet because there is nothing to do and I get all the blame when no on else is even working they are all talking on the phone to friends or spouses. MAN! I wish I could quit, but I don't want him to have that satisfaction. I want him to fire me so atleast I can draw unemployement until I find a new job.

When I do smoke it is outside in a parking lot. Not near any employees (we only have 5 including me) and none of them are present at the time. They are just upset because they have to answer the phone themselves while I am out.

Answer 1

Asking you not to smoke on the premises is reasonable, but your employer implying to you that you're not allowed to smoke on your own time is absolute bulls****. Are you not allowed to get pregnant or eat fatty foods? Where do we draw the line? See, if your boss had made it clear before he hired you that he didn't want any employees who smoked at work or on their free time, then you would have had the choice at the time to accept or reject the employment offer. But now that you're working there, your boss is trying to impose new rules on your employment contract. I think that's pathetic, but you probably can't do much about it.

You're not an idiot - you know smoking is bad for your health. It's nobody's business what you do with your life and your body, though. I don't know if you could bring a case against your employer, but my suggestion is that you smoke in your car away from your coworkers on your break and that you look for another job. See, it's not the smoking the matters, but the principle. You shouldn't be harassed for engaging in an activity that really doesn't affect anyone else unless you're in close proximity while smoking. So, don't put up with your busybody coworkers and your moralizing boss. Start looking for work elsewhere, maybe at a place that's not so involved in your private life.

Answer 2

Smoking is not a protected right under EEOC or any other law, and as you indicate the total employees are under 15 EEOC does not apply anyway. Many states have gone "smoke free" and the only places smokers at work can smoke on their breaks is their car.

Anyway, it sounds like the problem has nothing to do with your smoking, but by you own statements above, your performance (perhaps spending too much time on the internet? Employers have the right to monitor your computer to see where you have been and can legally terminate you for surfing the internet or doing personal business on company time, especially if it is in your handbook..maybe that is why the supervisor asked you to read it again), possibly your attendance (most places have attendance standards, if you don't meet them you can be legally terminated) and most likely your bad attitude and insubordination.

It sounds like the employer thought you would be a good employee or they wouldn't have picked you in the first place and sounds like they are trying to coach you into being a good employee. Also keep in mind the other 4 people that work and your employer are paying higher premiums if you smoke and they have group health insurance. They are paying for YOUR bad habit.

Keep in mind if you are fired for just cause, you cannot collect unemployment if you are fired and it will be a lot harder for you to find a job if you are. You would be better off to quit and look for a new job with 2 weeks notice.

You indicate you are continuing schooling, but not what field. A good field to get into with flexible hours that could allow you to work from home via internet connection would medical transcription and many vocational colleges have programs that you can get a certificate from in 18 months...in the meantime you could live off of the child's social security income and either grants or student loans and if the father is out of the picture, hopefully child support even if emotional support is absent.

Answer 3

EHB(Employee Handbooks) are modified all of the time. Generally, at the beginning of the year. Smoking is no longer an acceptable vice to have "anywhere." Sorry, but that is the truth and many corporations/businesses have to comply with city regs. It could be that since the company is within the city limits they have to comply with the regs to keep their business license up. As well, Equal Opportunity covers, race, religion, sex, handicap it says nothing about smoking and drinking. Sorry. School doesn't apply to being a moonlighter, having another job. If you are making a good wage that is a reasonable request, if not negotiatie a raise. Otherwise the other option is to look for another job or possibly work study through the school you go to. The employer cannot regulate time off. So, if it actually state anything else take the handbook to the Employment Security Division and have them review the handbook. Best bet is to take the high road, find another employment be kind, kindness kills and walk out with your head high. An old adage is that you don't need to burn bridges you may have to cross back over.

Answer 4

The laws are evolving. It is now legal to discriminate against smokers.

It used to be legal for smokers to deliver second hand smoke to harrass non-smokers, but there was so much resistance to this concept by many smokers (perhaps not you personally) that non-smokers lobbied to have laws passed to discriminate against smokers.

If you rmployer does not ban you from smoking, the non-smokers can sue the employer because of second hand smoke from you. What is in the handbook is quite common in many work places.

If you can go to school and not get so tired that it interferes with your performance on the job, if the hours at school not interfere with the hours on the job, then no problem.

You may need to get a job whose hours and requirements do not conflict with your time in school. Sometimes when the schooling is relevant to improving you as an employee, companies will pay some of the school expenses ... such as based on your grades ... get an "A" they pay in full, get a "B" they pay 75%, get "C" they pay 25%, get "D" or "F" they pay nothing.

Answer 5

when a company gets bids on health insurance.... one of the things that affects how much that insurance will cost (for the company & as a result the employees) is the number of smokers employed the reason is because the cost of health care for smokers is much higher than for non-smokers if a company can prove non-smoking (through nicotine testing), then that company has some leverage to negotiate lower rates for health insurance & life insurance smoking is not a protected right & being a smoker is not a protected class so, NO this is not discrimination

Answer 6

It sounds like he is trying to get you to quit. The reality is that they have the right to ban smoking on their premises. They can add that rule after they hire you.

As for the school...if it is not hindering your work...so what.


get what you give...bad advice. That would never fly. Otherwise, nurses could say that they must be allowed to smoke in hospitals, etc. The "right" to smoke at your place of employment is not protected, even though nicotine is the most addictive drug there is.

Answer 7

No don't quit school. School doesn't hinder you performance at work.... Work hinders your performance at school. They can't band you from going to school. I haven't heard of a job fire someone because you went to school. Now as far as smoking....well..theres nothing you can really do. As far as laws are concerned, you are not protected at all. It's more like people who don't smoke are protected from you.

Answer 8

Consider yourself lucky. Many companies won't even hire smokers. On or off the job. Expensive medical insurance premiums you see.

Answer 9

What's more important, working for someone else, or smoking?

Quit smoking or quit working for other people. That simple. If you're your own boss, no one can tell you when and where you can smoke.

Answer 10

They can fire you. I was fired for smoking in the parking lot. I'm retired and was working part time. 1st offense and I was gone..Good Luck