Legal Question in Civil Rights Law in Massachusetts

Help the addicted ?

I work for an oil co as a tractor trailer driver.I've been doing his for 30 yrs with an impeccable safety & work record . However , now i've been threatened with being fired because I smoke ! Cant smoke on the property ,in the truck ,out of the truck etc etc. I feel this to be discriminitory , unfortunately, I'm addicted ,have tried to quit many times to no avail. I have been offered no help from them just simply , stop or thats it! do I have any recourse agaist the Co. if I am fired ?


Asked on 8/03/02, 7:41 am

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Help the addicted ?

If ruleis for safety concerns, including insurance premium increase, you lose. If member of a union, you may have grievance. Discrimination law does not protect smokers.

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Answered on 8/07/02, 3:09 pm
William McLeod McLeod Law Offices, PC

Re: Help the addicted ?

Sorry - but smokers are not in a protected class and an employer is free to establish any and all regulations to limit or prohibit smoking of employees.

While you may be "addicted", the law is not going to protect someone with an on going addiction. People in recovery, yes. People still using their drug of choice (even if it's nicotine), likely not.

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Answered on 8/05/02, 11:08 am


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