“We are a non-smoking company” that is the declaration of the University of Pennsylvania Medical Center and thousands of other employers around the country. But the question is it legal? And, “can I ban employees from smoking in my business”? Well, not so fast, the answer is a little complicated.
Although there is no federal law protecting smoker’s rights there are 29 states that that do have some form of legal protections. According to the American Lung Association the states where such an employer ban would probably not be legal are:
Before making your policy, be sure to check out your state’s regulations, and don’t forget to think about how you will enforce the policy.