In New Jersey, the Smoke-Free Air Act of 2006 protects many workers from being subjected to smoke in the workplace. Second-hand smoke is a very serious health hazard and it is important that workers are protected from known and avoidable safety hazards at work.

Many states, however, do not have such bans on smoking; but, in some cases, workers may be protected under federal law from encountering cigarette smoke at work.

A medical and rehabilitative facility in North Carolina has just settled a lawsuit involving allegations that it forced an employee with asthma to supervise the home’s residents during smoking breaks. The U.S. Equal Employment Opportunity Commisstion sued the employer, arguing that such an action violates the Americans with Disabilities Act.

The ADA bars employers from discriminating against workers on the basis of disabilities and it also requires employees to make certain accomodations for workers with disabilities.

The employee in this case was working as a certified nursing assistant when, in 2010, the employer began requiring CNAs to supervise residents when they wished to smoke.

Supervising smoke breaks affected the woman’s asthma, and she complained to her bosses about this. Ultimately, she gave her employer a note from her doctor requesting that she no longer supervise smoking residents, but instead of making this reasonable accommodation, the facility fired the CNA.

This case illustrates that employers are generally required by law to act reasonably when an employee complains about a workplace safety hazard. There are a number of state and federal labor laws that protect worker safety.

Source: U.S. Equal Employment Opportunity Commission, “Camden Place Health & Rehab Pays $51,000 to Settle EEOC Disability Discrimination Lawsuit,” Sept. 25, 2013