E-Cigarettes And No Hire Smoker Policies
What will the new FDA regulations on electronic cigarettes regulations mean for you and your workplace?
For instance, what should HR do re the following:
Join us as legal expert, Melissa Fleischer, Esq. provides the answers to these questions and more. By attending, you will learn:
- Are you legally obligated to include e-cigarettes in your no smoking policy?
- Do state and local laws that prohibit smoking in office buildings apply to e-cigarettes?
- What about if your organization decides that it wants to refuse to hire smokers. Can you do this? Is it legal?
- Let's say an applicant applies for a job with your organization but. You have a policy that states that you will not hire an applicant who tests positive for nicotine.
- Can you refuse to hire an applicant who tests positive for nicotine? If you do refuse to hire the applicant, what liability could you be exposed to? What if the applicant alleges that they tested positive for nicotine because they vaped e-cigarettes and not because they smoke cigarettes?
- If you decide to refuse to hire smokers, what are the policy considerations you should be focusing on?
- What about if you find an employee vaping e-cigarettes behind closed doors in their office. Is this prohibited under your no-smoking policy? Can you discipline them for this?
About Your Speaker
- What e-cigarettes are
- What the harmful effects of e-cigarettes are, if any
- Are you allowed to refuse to hire an applicant that smokes?
- Are you allowed to refuse to hire an applicant that tests positive for nicotine?
- Whether you should prohibit vaping of e-cigarettes in your workplace, and if so, what your policy should include
- What companies currently refuse to hire smokers?
- Should you include smokers of e-cigarettes in your refusal to hire smokers policy
- Must you provide a reasonable accommodation under the ADA allowing smokers to work at your organization because they claim to be addicted to nicotine?
Melissa Fleischer is the Founder and President of HR Learning Center LLC, a human resources consulting firm specializing in the area of employment law. HR Learning Center LLC provides training seminars and consulting on a wide range of workplace and human resource issues.
Ms. Fleischer is a management-side employment attorney with over twenty (20) years experience and is nationally recognized as an expert in her field. She has successfully represented numerous clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues.
Ms. Fleischer is a frequent lecturer on a wide range of employment law topics including seminars and workshops on Anti-Harassment Training, FMLA/ADA Training and Workplace Violence Prevention Training.
PHR / SPHR Credits!
This program has been approved for 1.5 recertification credit hours through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for recertification credit.
|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
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