Legal Question in Employment Law in Georgia

My workplace does not allow smoking on the property, so smokers are allowed to leave property while still on the clock to have a smoke break. I am, however, required to clock out in order to get lunch because I am "leaving the property" even though I am entitled to a paid lunch break. Is this a form of discrimination and do I have a right to equal treatment as far as leaving the property while on the clock?


Asked on 1/03/13, 6:47 am

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You have your workplace rules and the government (at least so far) does not get involved with such day to day things. Other people in the company may have different rules, whether about breaks or something else. Non-smoker complaints about "smoke breaks" of smokers is an old complaint. Smokers are non-smokers are not legally protected classes (such as race, religion, gender, age, etc.).

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Answered on 1/03/13, 7:50 am


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