Smoker protection law

In the United States, smoker protection laws are state statutes that prevent employers from discriminating against employees for using tobacco products. Currently twenty-nine states and the District of Columbia have such laws. Although laws vary from state to state, employers are generally prohibited from either refusing to hire or firing an employee for using any type of tobacco product during non-working hours and off of the employer's property. In four states (California, Colorado, New York, and North Carolina), there is no specific law related to employee tobacco use but smokers are protected under broader state statutes that prohibit employers from discriminating against any employee who engages in a lawful activity. California also has a law that protects employees who engage in lawful activity, but it has been interpreted by the courts as not creating any new substantive rights but instead set forth a process to pursue claims for violation of existing Labor Code protections before the state Division of Labor Standards Enforcement.

Smoker protection laws in the United States

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  State with smoker protection law

  State with non-specific laws protecting smokers

Most of these laws were first enacted in the late 1980s and early 1990s. However, as discrimination against smokers in the workplace has become more widespread in recent years, several states have enacted such laws more recently. In states without smoker protection laws some employers have begun refusing to hire new employees who smoke. While many of these employers are using the honor system to enforce these policies, a few of them are requiring that employees be tested for nicotine. Many of the businesses with these policies are in the healthcare industry, but some county and municipal governments have also enacted such policies.

Arizona previously had a smoker protection law but it was repealed 2007.

States with smoker protection laws

State	Year	Code	Notes
California	2005	CA LABOR CODE § 96(k) & 98.6	Not specific to tobacco use, covers all lawful activities but has been interpreted by the courts as not creating any new substantive rights
Colorado	1990	CO REV. STAT. ANN § 24-34-402.5	Not specific to tobacco use, covers all lawful activities
Connecticut	2003	CT GEN. STAT. ANN. § 31-40s
District of Columbia	1993	D.C. CODE ANN. § 7-1703.3
Illinois	1987	820 ILL. COMP. STAT. 55/5
Indiana	2006	IND. CODE §§ 22-5-4-1 et seq.
Kentucky	1994	KY REV. STAT. ANN. § 344.040
Louisiana	1991	LA REV. STAT. ANN. § 23:966
Maine	1991	ME REV. STAT. ANN. tit. 26, § 597
Minnesota	1992	MINN. STAT. § 181.938
Mississippi	1994	MISS. CODE ANN. § 71-7-33
Missouri	1992	MO. REV. STAT. § 290.145
Montana	1993	MONT. CODE ANN. §§ 39-2-313 & 39-2-314
Nevada	1991	NEV. REV. STAT. § 613.333
New Hampshire	1991	N.H. REV. STAT. ANN. § 275:37-a
New Jersey	1991	N.J. STAT. ANN. §§ 34:6B-1 et seq.
New Mexico	1991	N.M. STAT. ANN. §§ 50-11-1 et seq.
New York	1992	[LABOR] LAW § 201-d	Not specific to tobacco use, covers all lawful activities
North Carolina	1991	N.C. GEN. STAT. § 95-28.2	Not specific to tobacco use, covers all lawful activities
North Dakota	1993	N.D. CENT. CODE §§ 14-02.4-01 et seq.
Oklahoma	1991	OKLA. STAT. ANN. tit. 40, § 500
Oregon	1989	OR. REV. STAT. §§ 659A.315 & 659A.885
Rhode Island	2005	R.I. GEN. LAWS § 23-20.10-14
South Carolina	1991	S.C. CODE ANN. § 41-1-85
South Dakota	1991	S.D. CODIFIED LAWS § 60-4-11
Tennessee	1990	TENN. CODE ANN. § 50-1-304
Virginia	1989	VA. CODE ANN. § 2.2-2902
West Virginia	1992	W. VA. CODE § 21-3-19
Wisconsin	1991	WIS. STAT. §§ 111.31 et seq
Wyoming	1992	WYO. STAT. ANN. §§ 27-9-101 et seq.

External links

• State Smoker Protection Laws - American Lung Association
• Individual State Smoking Laws & Tobacco Control Efforts - American Lung Association
• [1] -American Lung Association
• Employee Off-Duty Conduct- National Conference of State Legislatures
• Smoking Not a Right: Federal Court