Faced with skyrocketing annual increases in health care and workers’ compensation premiums, employers are looking for ways to manage the health and health care costs of the workforce. Employers have increasingly focused on employee lifestyle choices in an attempt to control these costs. One area where employers have focused their inquiry is on smoking and use of other tobacco products by employees. Many employers have implemented wellness programs to encourage non-smoking. Some employers have gone so far to make hiring decisions based on smoking/non-smoking status.Legal issues must be carefully considered before taking action based on smoking/non-smoking status. Specifically, issues could arise under HIPAA, ERISA, the ADA, Title VII and other federal and state laws.
