Correspondence to: John Malouff, Nova College, 3301 College Ave, Fort Lauderdale, Florida 33314, USA Abstract Objective To describe current US laws that protect smokers from employment discrimination. Data sources Laws of the states and the federal government. Results Federal law offers no employ ment protection to smokers. About half the states have smokers9 employment rights laws. The laws vary with regard to (a) what employee actions are protected, (b) which employees they protect, (c) what employer conduct is prohibited, (d) what the legal consequences are of a violation, and (e) what the exceptions are. Every year more states enact smokers' rights laws. A recent trend is for states to allow more exceptions to the laws. Conclusions Some smokers' rights laws are unnecessarily punitive; some are deceptive; and many, especially the older ones, fail to provide reasonable excep tions.
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Malouff et al. (1993) studied this question.
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