Legal Question in Discrimination Law in Iowa
Smoking in the work place
How does it not infringe on ones civil rights to say you cannot smoke cigarrettes outdoors of your place of employment if you are in fact outside or in your car?
Is it legal, and how?
Is it legal for employers to ask potential employees if they smoke, and hire or fire upon that basis?
How does this issue compare legally to similar issues of dependancy like alcholism or drug addiction?
Would it violate civil rights in the state of Iowa for a company to say you cannot work for them at all if you smoke cigarrettes on your own time even in your own home?
1 Answer from Attorneys
Re: Smoking in the work place
Unfortunately there is a choice to make here and that is to smoke or to work.
Iowa is a right to work state and you can be terminated for any cause, good cause or no cause. Your employer is entitled to attach any conditions to employment or the offer thereof that they see fit unless it violates law or public policy and smoking does not fall into that category. There is no constitutionally protected status for smokers and there is no such thing as smokers rights.
I must say, though, I felt the same way when I was a smoker and if I have to go into a place where people smoke I accept their freedom to do so.
If someone you know is a smoker I would advise them strongly to quit for their health-I was a 2 pack a day smoker for fifteen years and I quit 25 years ago. It has saved me quite a lot of money.
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