Use or nonuse of lawful products discrimination cases are complex. Employers who engage in such discrimination often attempt to mask their illegal conduct by falsely claiming legitimate reasons for illegal employment decisions. Once an employee asserts a use or nonuse of lawful products discrimination claim, many employers have the recourses to hire large corporate law firms to defend their actions. Carroll Law Firm, SC focuses its entire legal practice on representing employees, professionals and executives. Loyalties will never be divided because the firm does not represent employers.

Attorney Douglas J. Carroll, Jr., the founder and managing attorney at Carroll Law Firm, SC has the knowledge and experience to peel back the layers of management-speak and get at the truth. He has the skill and tenacity to effectively fight for justice regardless of the size and recourses of the employer or the law firm they hire.

Milwaukee Use of Lawful Products Discrimination Lawyer

Wisconsin Law Prohibits Use Or Nonuse of Lawful Products

In the last few years there has been quite a bit of media attention given to employers deciding not to hire or to discharge employees that smoke cigarettes. Sadly, the articles seem to support this type of discrimination against employees.

In Wisconsin, subject to some exceptions including working for a nonprofit corporation dedicated to discouraging use of the product, it is an act of illegal employment discrimination for an employer to discriminate against an employee for his or her use or nonuse of lawful products off the employer's premises during nonworking hours.

The law was initially intended to protect use of tobacco and alcohol but the case law has also included prescriptions of controlled substances provided that the employee is under the care of a doctor and has a valid prescription.

The law only protects use or nonuse of products. It does not protect services. For example seeing a mental health counselor is a service, not a product. While a discharge for seeing a mental health counsel could give rise to a disability discrimination claim, it does not give rise to a use or nonuse of lawful products discrimination claim.

Exceptions

• Nonprofits that encourage or discourage use of lawful products may discriminate against employees who use or do not use those lawful products.
• Employers may discriminate if use or nonuse of the lawful product:
  • Impairs the employee's ability to perform the job;
  • Creates a conflict of interest with the job;
  • Conflicts with a bona fide job qualification reasonably related to job responsibilities;
  • Conflicts with a state or federal law or regulation;
• Firefighters may be discriminated against for smoking tobacco
• Employers may provide different coverage or require employees pay more for coverage with respect to health, life, and disability insurance for employees who use lawful products .

Be Vigilant for Retaliation

At Carroll Law Firm. SC, we believe it is always best practice to contact us immediately if you believe you are the victim of discrimination in employment because knowing your employment rights is critical to protecting yourself and your career.

However, if you choose to complain about discrimination or report discriminatory treatment before contacting an attorney, be vigilant for retaliation. Your employer may not retaliate against you for reporting, opposing or complaining about use or nonuse of lawful products discrimination in the workplace. Retaliation can include but is not limited to enforcing rules more strictly, judging performance more critically and altering terms, conditions or privileges of employment such as working hours, wages, and work assignments.