E-Cigarettes And No Hire Smoker Policies

• 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?

• 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?

The live versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back at work immediately after the session ends!

And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous times and to share it with others in your office.

Handout materials and the phone number for live presentations are made available to you prior to the event via email from the presenter and from the "MyAccount" link on the menu bar. Copies of the presentations are included with recorded versions.