<ul><li>An employer is asking for advice after an employee claimed that her smoking habit requires longer breaks due to her 'smoker's rights'.</li><li>The employer explains that smoking is not considered a disability under the Americans with Disabilities Act (ADA), and it is not protected under the law.</li><li>There are 29 states in the US that prohibit employers from discriminating against smokers, but this doesn't mean employers have to give extra breaks or longer breaks to smokers.</li><li>The employer plans to continue enforcing the same break rules for all employees and considers preparing to terminate the employee if necessary.</li></ul>

my employee says I have to give her longer breaks because she’s a smoker

Discover more