April 13, 2011

Smokin’ in the boys’ room

Posted in Minnesota Lawful Consumable Products Act, Smoking, Smoking tagged , , at 8:27 am by Tom Jacobson

If you’ve ever listened to a “classic rock” radio station, odds are that you’ve heard  Brownsville Station or Motley Crue bash the establishment with Smokin’ in the Boys’ Room.  In case it’s been awhile, check it out again on YouTube at http://bit.ly/91Lz8.  (How about the jumpsuit they must have borrowed from Elvis?)

I thought of the song after reading a recent article about employers who are adopting expansive workplace smoking policies, Smokers Need Not Apply:  Good Idea or Illegal, http://bit.ly/dYuux7.  For Minnesota employers, banning smoking in the boys’ room (and, throughout nearly all indoor workspaces) is not only a good idea – it’s the law, as required by the Minnesota Clean Indoor Air Act, http://bit.ly/dLp1Ze.

But prohibiting smokers from applying for work would run afoul of Minnesota’s Lawful Consumable Products Act, http://bit.ly/fyiKcT.  This law states that employers may not refuse to hire a job applicant or discipline or discharge an employee because the applicant or employee engages in or has engaged in the use or enjoyment of lawful consumable products, if the use or enjoyment takes place off the premises of the employer during non working hours.  The law specifically includes tobacco within the definition of “lawful consumable products.”  So smokers still have right to apply for work, even though “Everybody knows that smoking ain’t allowed in school” and must be banned in most Minnesota workplaces.

For more information about this article, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2011 Swenson Lervick Syverson Trosvig Jacobson, PA

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