Pregnant Employee

Am I able to ask a pregnant employee to stop smoking?



  • 3 Comments sorted by Votes Date Added
  • Do you mean at work or off hours as well? 

    Answer probably depends on your state and local laws.

    Without asking her to stop smoking, you could give her some cessation materials from your healthcare provider, EAP, or local health agency "in case she is interested in quitting."

  • If you mean stop smoking at work, you would also have to ask everyone else to stop smoking or it would be discriminatory (not to mention that the pregnant employee would be breathing in second-hand smoke).  I guess if you only asked pregnant women not to smoke off hours, that would also be discriminatory.

  • It is never ok to single out a pregnant woman for treatment that is different from the way others are treated in the workplace except in very limited circumstances. If other employees smoke and are not asked to stop smoking, asking this employee to stop because she is pregnant (even though important for the baby's health) would likely land you in the middle of a pregnancy discrimination suit.

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