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State Employment Law Articles
Article Index » new jersey » human resources » Smoking
Report Link Can a Health Care Employer in New Jersey Refuse to Hire a Smoker?
Buchanan Ingersoll & Rooney PC - June 05, 2007
The short answer is, maybe. New Jersey has a law specifically prohibiting discrimination against an employee because the person is (or is not) a smoker. The law provides that "no employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other privileges of employment because that person does or does not smoke or use other tobacco products." Aggrieved applicants and employees may sue their employers in court for violating the law.
Report Link New Jersey Enacts Ban Prohibiting Smoking in Most Indoor Public Places.
Littler Mendelson, P.C. - January 26, 2006
Effective April 15, 2006, New Jersey's Smoke-Free Air Act bans smoking generally in all indoor public places and workplaces, with limited exceptions. The Act places requirements on building owners and operators to ensure compliance with the smoking ban, and employers should take steps to minimize the risk of violating the Act.

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