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Fight Employment Smoking Bans

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Search The United Pro Choice Smokers Rights Newsletter archive for articles regarding smoking bans in the work place.

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From: Workplace Rights-Lifestyle Discrimination:

1.Prohibited Practices:
1.1 It shall be illegal for an employer to discriminate against any employee or applicant on the basis of that person's conduct during non working hours away from the employer's premises or on the basis of personal characteristics unless that conduct or characteristic affects the person's ability to properly fulfill the responsibilities of the position in question.
1.2 No employer shall collect information about the off-duty behavior or personal characteristics of employees or applicants which would not be a legitimate basis for personnel decisions under section 1.1.

(Lifestyle discrimination are from a "model" legislative proposal drawn up by the ACLU and are not actual law.)

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As of 1997 there are 28 states that legally prohibit employers from hiring/firing employees due to their off-work smoking status. They are: Maine, New Hampshire, Connecticut, Rhode Island, New York, New Jersey, West Virginia, Virginia, North Carolina, South Carolina, Louisiana, Mississippi, Tennessee, Kentucky, Indiana, Illinois, Wisconsin, Minnesota, Missouri, Oklahoma, South Dakota, North Dakota, Wyoming, Colorado, New Mexico, Arizona, Nevada and Oregon.

In ANY state not on that list, employers can choose not to hire smokers--or not to hire non-smokers--if they want to. If the boss is a smoker, he or she could just as easily choose to hire only smokers for jobs in his/her company. It cuts both ways. Only job discrimination based on ethnic background, religion, political party, age, gender (and sometimes sexual preference) is prohibited in all states. Smokers are NOT a protected class with regard to jobs unless there is specific state legislation that protects them.

If your state is not on the list, contact your legislator about sponsoring a law to prevent job discrimination.

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How To Fight Anti-tobacco.

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INFORMATION YOU NEED TO FIGHT BACK!
For freedom-fighters, smokers, and friends!
Take whatever you need from this website to help fight the lies and misinformation used by the nico-Nazis to encroach upon individuals and business owners. Get active if you value your rights. Arm yourself with the truth and take up the banner wherever and whenever tyranny rears its ugly head.

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WAR ON SMOKERS
Let's stop the feigned ignorance of the awful effects of the War on Smokers. These are not isolated examples; they are the result of a decades-long, taxpayer-financed, state-sponsored crusade in which professional activists are paid to promote intolerance and hate.

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Fighting Anti-tobacco In The Workplace

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Lifestyle Discrimination in the Workplace
Your Right to Privacy Under Attack

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The Bully At Work

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Your Rights As A Smoker In New York
New York State is one of many states that enacted law to protect workers, smokers among them, from being fired due to engaging in legal off-hours activities. New York State employees are fortunate in this respect. There are states that can refuse to hire you or choose to fire you if you smoke even while you are at home. Be aware of what your rights are.

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Smoking Bans - Maine
With tourist season upon us, just keep in mind....no matter how beautiful Maine is, if you smoke, you will NOT be able to smoke in any restaurant!
Business's That Have Closed When Forced To Go Smoke Free.

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Your Rights on the Job

Employers are free to restrict smoking in the officeplace. They can ban it outright or restrict it to designated areas. In fact, some states ban smoking from all common areas, such as:
- cafeterias
- office reception areas
- kitchens and rest rooms
Some employers allow people to smoke in their individual offices. Some employers forbid smoking anywhere in the office.
While an employer can restrict smoking in the workplace, some states have laws that protect smokers from discrimination. That means that an employer can't reject an applicant because he or she is a smoker. It doesn't mean that employees get to smoke anytime or anywhere they want during work hours.
In some states, such as Georgia, however, an employer can reject smokers and insist that they refrain from lighting up on and off the job. That policy may be difficult to enforce, but it's legal so long as workers are adequately informed when they take the job.

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Ask A Lawyer

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