Employer Regulation of Off-Duty Smoking: Meeting the Needs of Employers and Employees with Smoking Cessation Programs

While attempting to reduce costs stemming from debilitative health condi­ tions of their employees, many employers have implemented policies regulat­ ing off-duty smoking. Consequently, a majority of the states have passed laws which protect the smoker's right to be free from discrimination. These laws are unsatisfactory due to their uncertain reach and their elevation of smokers to the status of a protected class. Also, employers must have some freedom to strive toward reducing the costs they bear as a result of their employees' smoking habits. However, a tension exists between the needs of employers and the privacy expectations of individuals. Invasive off-duty smoking policies may negatively affect employee attitudes, loyalty, and performance. Smoking cessation programs are a less intrusive means to achieve employers' legitimate goals. As American companies have confronted increasing competitive pressures and sought means to operate in a lean and efficient manner, many have implemented employee policies geared toward cost reduction. Because health care costs are rising rapidly, some companies have endeavored to alter those behaviors of their employees that contribute to debilitative and costly health conditions. Cigarette smoking is the primary preventable cause of illness and premature death in this country [1, p. 43] and is consequently an employee behavior that most employers would desire to modify. Some organizations have actually adopted policies that either prohibit their employees from smoking on and off the job or preclude the