Q: How does the NC Lawful Use of Lawful Products Law affect my employee’s rights when working?
A: North Carolina’s lawful use of lawful products law (N.C.G.S. §95-28.2) prohibits discrimination against an applicant or employee because they lawfully use a lawful product away from work. In other words, the statute protects employees from being punished for their legal, off-duty activities, if those activities do not negatively affect their job performance or the workplace.
For example, an employer may prohibit tobacco smoking at work but may not discharge or refuse to hire an individual who smokes away from work. It is illegal for an employer to discriminate against an employee for the employee’s lawful use of lawful products, such as tobacco, during non-working hours. However, it is up to the employer to set its own rules for its employees during working hours concerning breaks and if they can smoke in or on its premises during the workday.
Even for legal substances such as tobacco and alcohol, employers may consider the adverse effects of such on job performance, safety, and company objectives.
Another example where this law may come into play is with marijuana use. As of now, marijuana use in NC is not legal, medically or recreationally. However, as in many states, there continue to be bills brought forth to pass laws allowing marijuana for medicinal purposes. As of now, employers have the right to prohibit marijuana use through policies and practices within NC whether that conduct occurs off duty or employees report to work under the influence. Employees who engage in illegal activities, even if they occur off-duty, are not protected.
If you have additional questions, please contact Catapult’s HR Advice Team at 866-440-0302 or advice@letscatapult.org.
