The USA laws protect citizens against workplace discrimination. However, there are certain characteristics which rest beyond such control. Oftentimes employers are allowed to apply different rules for different classes. The only exception relates to the discrimination based on race, gender, age, or religion. Pursuant to California Labor Code Section 6404.5, the intent of the California legislature is to prohibit the smoking of tobacco products in all enclosed places of employment. Thus, smokers are not considered to be a “protected class”.
In California, employers may require that employees should go outside to smoke or smoke only when off-duty. Thus, California employers may restrict smokers’ right to light up while working, but it does not mean that they may not smoke after working hours. Employers are not required to have accommodated places for smokers. If an employer has five or fewer employees (either full time or part time), it is allowed to permit smoking in an area which meets certain conditions, such as:
– There is no objection from the side of other employees
– Minors cannot enter into smoking area
– No employee is required to go into this area as a part of his or her job.
If you feel that your rights are violated, do not hesitate to contact The Margarian Law Firm. Our lawyers aggressively protect the rights of California workers. Direct approach with our clients allows us to easily obtain the best possible outcome for you. Additionally, we provide a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000