Disability Law Index - Disability: Smoking Policies

Statutes:

42 U.S.C. § 12201(b) - Construction - Relationship to other laws (excerpted; bold for emphasis)

Nothing in this chapter shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this chapter. Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter I of this chapter, in transportation covered by subchapter II or III of this chapter, or in places of public accommodation covered by subchapter III of this chapter.

Regulations:

28 C.F.R. § 35.132 - Smoking

This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in transportation covered by this part.

28 C.F.R. § 36.210 - Smoking

This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in places of public accommodation.

29 C.F.R. § 1630.16(d) - Specific Activities Permitted - Regulation of smoking

A covered entity may prohibit or impose restrictions on smoking in places of employment. Such restrictions do not violate any provision of this part.