Where Does the ADA Provide Protection from Second-Hand Smoke?
Title I of ADA covers the workplace. If you are qualified to do the job but cannot do (or apply for) a job because of smoking in the workplace, and you are a disabled person under the ADA, you may ask the employer to provide a reasonable accommodation (e.g., a smoke-free workplace policy). However, even if you can demonstrate the need for a smoke-free workplace, an employer can still claim that a smoking ban would impose an undue hardship. Under the ADA, the determination of what constitutes an undue hardship is to be made on a case-by-case basis, with careful consideration to be given to the nature and cost of the accommodation sought plus the overall financial resources of the employer. It is, of course, possible that some unique workplaces may be able to show that banning smoking would cause them an undue hardship. However, in many industries, businesses have gone smoke-free and have prospered. So it may be difficult for an employer to meet its burden and prove that a smoke-free pol
