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Q: We have an employee who uses chewing tobacco on the job. While it''s not odorous or sloppy--yet--we''re in the customer-service business. And we have a policy requiring employees to use designated smoking areas. Does tobacco use/smoking law address or include the use of chewing tobacco?A: There are some states that make the use of tobacco a protected characteristic for employment-discrimination purposes. Even if your state has such a law, it may or may not apply to chewing tobacco.Further, these kinds of laws usually apply to off-duty conduct. Here, apparently, you just want to keep your employee from chewing tobacco in front of customers. It seems unlikely that you would run into problems with a consistently enforced policy forbidding this, but you would have to check applicable state and local laws to be sure.

Q: We have an employee who uses chewing tobacco on the job. While it''s not odorous or sloppy--yet--we''re in the customer-service business. And we have a policy requiring employees to use designated smoking areas. Does tobacco use/smoking law address or include the use of chewing tobacco?A: There are some states that make the use of tobacco a protected characteristic for employment-discrimination purposes. Even if your state has such a law, it may or may not apply to chewing tobacco.Further, these kinds of laws usually apply to off-duty conduct. Here, apparently, you just want to keep your employee from chewing tobacco in front of customers. It seems unlikely that you would run into problems with a consistently enforced policy forbidding this, but you would have to check applicable state and local laws to be sure.

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