Legal Question in Civil Rights Law in Texas

discrimination and smoking

There is a written policy in school district which says you cant smoke with your uniform on.I have learned that I am the only one required to change to have a smoke on my lunch.I have learned this from other smokers.I have even had a written reprimand put in my file.Is this discrimination?I know for a fact individuals smoke with uniforms on before they get to work.


Asked on 11/08/01, 6:53 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: discrimination and smoking

Without knowing what the specific law is in the state regarding contracts with professionals in school districts, it is difficult for me to answer. In most instances the board sets policy and if you violate that policy you can be disciplined. Schools are frequently considered "tobacco free zones" and if you violate that policy you can be disciplined.

I would suggest you consult a local lawyer if you have a desire to challenge the regulation; otherwise, you might want to consider nicotine replacement therapy (nicorrette, as one example) in lieu of smoking.

Read more
Answered on 11/09/01, 12:01 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Texas