Legal Question in Employment Law in Louisiana

Discrimination or not?

I work for a school board in Louisiana--name removed--The state just passed a law prohibiting smoking on school property--name removed--Smokers have been crossing the property line and standing just off of school grounds to smoke, but they are now being told they have to get in their car and leave so that they will not be seen--name removed--If the smokers aren't on school property, can they legally force them to go somewhere else?


Asked on 7/23/07, 10:22 am

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Re: Discrimination or not?

Dear Friend,

My lawyer- and educated-guess is that yes, the supervisor can even tell you where you may smoke cigarettes while on duty an off the school grounds. My guess would also be that the employer could prohibit you from even leaving the school grounds during your normal working hour; so the school is trying to accommodate those who smoke, and at the same time not give the appearance that is is allowing the employees to leave the school grounds during normal working hours just to smoke a cigarette or two. I wish I could give you an answer that you might like better, but this is the best one I can give; that's just the way I see it. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]

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Answered on 7/27/07, 5:14 pm


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