Smoke-free employment policy

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David’s employer has a smoke-free employment policy. This is not just a ban on smoking during work hours at the employer’s place of business, but instead prohibits tobacco use of any kind anywhere. David has invited a number of co-workers and supervisors to a family picnic at his home on a Sunday afternoon. At the picnic, his supervisor observes David smoking. On Monday morning, the supervisor advises David that he is being terminated for violation of the company policy. Will David succeed in a claim of discrimination against his employer?

Reference no: EM131065339

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