Source: Sandra M. Tomkowicz and Susan K. Lessack, Employee Relations Law Journal, Winter 2006, Vol. 32 no. 3
In response to a recent Surgeon General’s report highlighting the dangers of secondhand smoke, employers may be increasingly pressed to balance the rights of smokers and non-smokers. Policies that attempt to control off-the-job smoking pose higher litigation risks than policies targeted specifically at eliminating smoke in the workplace. Failing to provide a smoke-free environment also may pose a risk of litigation to employers.