For many years employers have taken steps to control employees' smoking in the workplace or during work hours. Employers may have policies that limit or ban smoke breaks or prohibit smoking on their property. Many employers have also been charging smokers higher health insurance premiums. Now a growing number of employers are seeking to refuse to hire smokers altogether. Labor and employment attorney Erin Schilling recently wrote an article for The Whisper, the publication for The Voice of the Defense Bar.
Schilling has experience representing employers in both state and federal court and before state and federal agencies against allegations of sexual harassment, retaliation, breach of contract and discrimination claims including age, race, disability, religion, national origin and sex discrimination. She also draws on prior experience in the human resources field to provide training and advice to employers on compliance with various state and federal statutes including Title VII, the Fair Labor Standards Act, affirmative action laws and, in particular, leave issues concerning the Family Medical Leave Act and the Americans with Disabilities Act. She also has overseen the preparation of affirmative action plans and represented clients in Department of Labor audits.
To read, click here