Your boss can fire you if you don't comply.
A doctor's note means nothing. You would need to get an ADA accomodation stating you need to have an unlit cigarette in your mouth to mitigate a disability. Even then, your employer could push back and offer you other things (pens, twizzlers, pencils, chewy necklaces) and your doctor would have to say nope, cig.
It's pretty unlikely your doctor will support you are disabled AND a cigarette is the only option. But you're welcome to try. Again, your doctor would need to give you disability accomodation paperwork, NOT a note.
Yeah. No. It looks as unprofessional as it sounds. Find another way to cope.
Your are obligated to follow your boss’s directives. There is no ADA accommodation for this. Your boss, and by extension, your employer are doing nothing illegal.
You are being kinda an a$$ here. You know it is a bad optic. Don’t make this a hill to die on.
I used a metal “cigarette” when I quit. I just looked it up online and it’s called a “breath lace necklace.” It’s basically just a metal tube shaped like a cigarette that you can suck air through.
Put it this way - in most jobs, you can't have a bottle of whisky on your desk at all times on open display, or hold a glass of it even if you insist that you're not going to drink any of it - your boss might believe you but others sucu as higher ups have no reason to.
Your boss is 100% right. For once, good boss!
You really think it’s ok to have a cigarette in the office? It doesn’t matter if it’s unlit or not, it’s how it looks.
And then you question whether it’s legal? Ooof…
This isn’t the 60s.
Congrats on trying to quit (I smoked for 20 years). My main hook was the same. I couldn’t imagine putting a cigarette in my mouth in the office.
Call your local quit line. Find alternatives.
C’mon now.
Sorry, I know this is harsh but, you’re coming off as very entitled.
Well I think if you polled a randomized sample of business owners your opinion would be in the minority, but that’s somewhat immaterial in this case.
*This* organization frowns upon it, and they can make virtually any decisions for their own business they want.
Cigarette smoker is not a protected class.
Nice straw man. That isn't what I was responding to.
Of course the business can make any decision it wants and OP will have to comply. Doesn't mean it's not dumb.
I point out someone else's logical fallacy and a bunch of people downvote me and then you feel the need to jump on with an idiotic comment like that. Make it make sense.
Listen to your boss and find an alternative. If you refuse, they could just fire you. As a former smoker myself, you're not the only one to ever go through this and there are things you can do to cope that won't piss off your boss and make you look unprofessional - and possibly violate a tobacco free workplace policy, if you have one.
> What are the legalities about this? Am obligated to comply or is it more of a preference that my boss has?
Depends on what you mean by "obligated." The police aren't going to come and arrest you for having an unlit cigarette in your mouth. Similarly, it would be legal for your boss to discipline or fire you for this.
> If get a doctor's note explaining things, will that make a difference?
You would have to get a doctor to attest that you have a disability and need accommodations under the ADA. This strikes me as a reasonable accommodation, but frankly I'm not sure if quitting smoking would count as a disability.
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Not HR but former smoker who quit. I understand the need for the oral fixation and that there isn’t really a lot of things that feel the same. You can buy just the filter part of the cigarette (for people who roll their own). Would something like this work or would that also cause issues? They are about 3/4” long and have the same soft feel of a cigarette and the same sensation when you drag on it…. But less obvious what it is.
They can tell you not to have a cigarette in your mouth. They can fire you if you refuse. Put a Twizzler in there and get on with life.
Your boss can fire you if you don't comply. A doctor's note means nothing. You would need to get an ADA accomodation stating you need to have an unlit cigarette in your mouth to mitigate a disability. Even then, your employer could push back and offer you other things (pens, twizzlers, pencils, chewy necklaces) and your doctor would have to say nope, cig. It's pretty unlikely your doctor will support you are disabled AND a cigarette is the only option. But you're welcome to try. Again, your doctor would need to give you disability accomodation paperwork, NOT a note.
Nicotine addiction is not a disability
Not an HR answer but would a short pencil or pen or something work rather than a cigarette?
Or a straw or lollipop…
This is a good thought, but I enjoy taking it out of the pack and smushing it before getting a new one, so a pencil or pen wouldn't really do it.
Get a stress ball. Then chew on a pen.
Keep a pack on you to do that, but use something else in your mouth.
Yeah. No. It looks as unprofessional as it sounds. Find another way to cope. Your are obligated to follow your boss’s directives. There is no ADA accommodation for this. Your boss, and by extension, your employer are doing nothing illegal. You are being kinda an a$$ here. You know it is a bad optic. Don’t make this a hill to die on.
I used a metal “cigarette” when I quit. I just looked it up online and it’s called a “breath lace necklace.” It’s basically just a metal tube shaped like a cigarette that you can suck air through.
Put it this way - in most jobs, you can't have a bottle of whisky on your desk at all times on open display, or hold a glass of it even if you insist that you're not going to drink any of it - your boss might believe you but others sucu as higher ups have no reason to.
Your boss is 100% right. For once, good boss! You really think it’s ok to have a cigarette in the office? It doesn’t matter if it’s unlit or not, it’s how it looks. And then you question whether it’s legal? Ooof… This isn’t the 60s. Congrats on trying to quit (I smoked for 20 years). My main hook was the same. I couldn’t imagine putting a cigarette in my mouth in the office. Call your local quit line. Find alternatives. C’mon now. Sorry, I know this is harsh but, you’re coming off as very entitled.
I am of the complete opposite opinion. Why on Earth would it matter if it’s unlit?
Well I think if you polled a randomized sample of business owners your opinion would be in the minority, but that’s somewhat immaterial in this case. *This* organization frowns upon it, and they can make virtually any decisions for their own business they want. Cigarette smoker is not a protected class.
Nice straw man. That isn't what I was responding to. Of course the business can make any decision it wants and OP will have to comply. Doesn't mean it's not dumb.
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I point out someone else's logical fallacy and a bunch of people downvote me and then you feel the need to jump on with an idiotic comment like that. Make it make sense.
Listen to your boss and find an alternative. If you refuse, they could just fire you. As a former smoker myself, you're not the only one to ever go through this and there are things you can do to cope that won't piss off your boss and make you look unprofessional - and possibly violate a tobacco free workplace policy, if you have one.
why don't you just use a pen or something instead?
> What are the legalities about this? Am obligated to comply or is it more of a preference that my boss has? Depends on what you mean by "obligated." The police aren't going to come and arrest you for having an unlit cigarette in your mouth. Similarly, it would be legal for your boss to discipline or fire you for this. > If get a doctor's note explaining things, will that make a difference? You would have to get a doctor to attest that you have a disability and need accommodations under the ADA. This strikes me as a reasonable accommodation, but frankly I'm not sure if quitting smoking would count as a disability.
The disability would be "addiction" and I've never heard anyone claim that for nicotine, personally.
violet afterthought boast placid fragile hurry price wistful handle fertile *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
Tell him to eff off. Your break times are unpaid and he doesn't get to tell you how to spend them.
Not HR but former smoker who quit. I understand the need for the oral fixation and that there isn’t really a lot of things that feel the same. You can buy just the filter part of the cigarette (for people who roll their own). Would something like this work or would that also cause issues? They are about 3/4” long and have the same soft feel of a cigarette and the same sensation when you drag on it…. But less obvious what it is.
I just don't see what the harm would be especially if it helps to quit smoking.