Smoking Laws In Illinois: Employer Rights Explained

In Illinois, employers are prohibited from allowing smoking in the workplace, within 15 feet of any entrance, exit, window, or ventilation intake. This includes private offices and public places such as restaurants, bars, and gaming facilities. Employers are also required to post No Smoking signs, remove ashtrays, and enforce the rules equally for all employees. In addition, Illinois law allows employers to enforce drug-free policies and conduct drug tests, but only if they have a specific policy that applies to all employees. The use of recreational marijuana during work hours or on the employer's premises is not protected, and employees can be disciplined or terminated for using it during these times. However, employers cannot discriminate against smokers in most states, and some states even prohibit employers from banning smoking outside the workplace.

Cannabis use and privacy laws

In Illinois, the Right to Privacy in the Workplace Act (RTPA) generally protects employees' use of cannabis outside of work hours. However, the Cannabis Regulation and Tax Act allows employers to enforce clearly written drug-free policies, and employees can face disciplinary action or termination if they have cannabis in their system at work.

The Smoke Free Illinois Act, which came into effect on January 1, 2008, requires employers to prohibit smoking in the workplace and within 15 feet of any entrance. This includes the use of cannabis, which is legal for recreational use in Illinois. The Act defines a "place of employment" as any area where employees are required to enter, leave, or pass through while working, as well as common areas such as restrooms and break rooms.

While Illinois law protects employees' privacy regarding legal activities outside of work, employers have the right to maintain a drug-free workplace. This means that employees can be disciplined or fired for using or possessing cannabis during work hours or on company property, regardless of whether it is used for medical or recreational purposes.

It's important to note that testing positive for cannabis does not automatically result in termination. Employment decisions related to cannabis must be based on actual impairment or failure to perform job duties due to cannabis use at work. However, a positive test result can lead to disciplinary action if it violates the employer's drug policy.

The area of medical cannabis use in the workplace is complex due to conflicting state and federal laws. While Illinois state law offers some protections for medical cannabis patients, federal laws do not recognize cannabis as a legal medication, limiting the protections available under federal disability laws.

Drug testing policies

In Illinois, the Smoke Free Illinois Act requires employers to prohibit any person from smoking in any place of employment or within 15 feet of any entrance to a place of employment. The Act defines a "place of employment" as any area where employees are required to enter, leave, or pass through while performing their duties, as well as any common areas such as restrooms, break rooms, and cafeterias.

Regarding drug testing policies, Illinois law allows employers to require employees to take drug tests before hiring and during employment, provided they have a specific policy that applies equally to all employees. An employer may also single out an employee for a drug test if they have "reasonable suspicion" that drug use is leading to safety or performance issues. While Illinois law protects the right to privacy for legal activities outside of work hours, including the lawful use of cannabis, employers have the right to maintain a drug-free workplace. This means employees can be disciplined or fired for using or possessing cannabis during work hours or on company property, regardless of whether they hold a medical marijuana card.

It is important to note that testing positive for cannabis alone does not necessarily result in termination. Employment decisions related to cannabis use must be based on actual impairment or failure to perform job duties due to cannabis use at work. However, a positive test can lead to disciplinary action if it goes against the employer's clearly written and communicated drug policy.

The legal landscape regarding cannabis use and employment is complex, especially with conflicting state and federal laws. While Illinois state law offers some protections for medical cannabis patients, federal laws do not recognize cannabis as a legal medication, limiting protections under federal disability laws.

Designated smoking areas

In Illinois, the Smoke Free Illinois Act prohibits smoking in any place of employment or within 15 feet of any entrance to a place of employment. This includes common areas such as restrooms, break rooms, and cafeterias.

While the Act does not require employers to provide designated outdoor smoking shelters for employees, it does allow for existing shelters to be moved in line with the 15-foot rule. Employers are required to post "No Smoking" signs and remove ashtrays from the workplace, as well as ensure compliance with the Act without retaliating against employees who report violations.

For hotels and motels, up to 25% of sleeping rooms may be designated as smoking rooms, provided they are on the same floor and that smoke does not infiltrate nonsmoking rooms. Owners, managers, or operators of areas open to the public must make reasonable efforts to prevent smoking, and smoking in prohibited areas can result in fines for the individual smoker.

Regarding cannabis use, Illinois law protects the right to privacy for legal activities outside of work hours, and employers cannot ask about expunged or sealed criminal records during the hiring process. However, employers have the right to maintain a drug-free workplace, and employees can be disciplined or terminated for using or possessing cannabis during work hours or on company property, as long as the employer's policy is clearly communicated.

Smoking bans in public places

In Illinois, employers can face fines if they fail to prevent their employees from smoking in the workplace. The Smoke Free Illinois Act, which came into effect on January 1, 2008, requires employers to prohibit smoking in any place of employment or within 15 feet of any entrance. This includes private offices, common areas, and public places such as restaurants, bars, and gaming facilities. Employers must post "No Smoking" signs, remove ashtrays, and ensure compliance with the Act, which also prohibits retaliation against employees who report violations.

While Illinois law protects the right to privacy for legal activities outside of work hours, including the use of cannabis, employers have the right to maintain a drug-free workplace. This means employees can be disciplined or fired for using or possessing cannabis during work hours or on company property, as long as the employer's policy is written and clear. The Cannabis Regulation and Tax Act allows employers to enforce drug-free policies if an employee comes to work with cannabis in their system, even if used during non-working hours.

Illinois law also allows employers to require drug tests before hiring and during employment, as long as they have a specific policy that applies to all employees. An employer may also single out an employee for a drug test if they have a "reasonable suspicion" of drug use impacting safety or performance. The Illinois Right to Privacy in the Workplace Act protects employees from being fired or not hired solely for using lawful products outside of work hours.

At the federal level, there is no law on workplace smoking, so most states have their own smoking laws. Some states directly regulate smoking in the workplace, allowing employers to adopt no-smoking policies and designate smoking areas. While some states prohibit employment discrimination against smokers, others forbid employers from restricting employees from smoking during off-hours.

Employer discrimination against smokers

In Illinois, the Smoke Free Illinois Act prohibits smoking in the workplace. Employers may face fines if they fail to prevent their employees from smoking in the workplace. The Act requires employers to post "No Smoking" signs, remove ashtrays from the workplace, and prohibit any person from smoking within 15 feet of any entrance to a place of employment. It also prohibits retaliation against employees who report violations of the Act.

While the Act does not specifically address employer discrimination against smokers, it implies that employers cannot discriminate against employees for smoking during non-working hours and off the employer's premises. This is because the Act requires employers to prevent smoking only in the workplace and within a certain distance of entrances.

In addition, Illinois law protects the right to privacy for legal activities conducted during non-working hours, including the legal use of cannabis. Under the Right to Privacy in the Workplace Act (RTPA), employees are generally allowed to use cannabis off the employer's premises during non-working and non-call hours. However, employers can enforce clearly written drug-free policies, and employees can be disciplined or terminated if they have cannabis in their system at work, as long as the employer's policy is written and clear.

Furthermore, Illinois law allows employers to require drug tests during the hiring process and employment, provided that they have a specific policy that applies to all employees. Employers can also single out an employee for a drug test if they have a "reasonable suspicion" that drug use is impacting safety or performance. However, employment decisions related to cannabis must be based on actual impairment or failure to perform job duties due to cannabis use at work, rather than a positive test result alone.

While Illinois does not have specific smoker protection laws that prevent employers from discriminating against employees for using tobacco products, it is important to note that discrimination against smokers in the workplace has become more widespread in recent years, and employers in various industries have started to refuse to hire smokers or require nicotine testing.

Frequently asked questions