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E-Cigarettes And No Hire Smoker Policies

e-cigarettes-and-no-hire-smoker-policies
Webinar: ID# 1015497
Recorded On-Demand
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About This Course:
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:
  • 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?
Join us as legal expert, Melissa Fleischer, Esq. provides the answers to these questions and more. By attending, you will learn:
  • 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?
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