united-states discrimination employment
In the US what is/are the legal definitions of &#39;workplace&#39;?
<p>According to <a href="https://www.workplacefairness.org/smoking-rights-workplace" rel="noreferrer">this online USA guidance</a> many US states give smokers the same sort of anti-discrimination class as for example pregnant mothers or other groups.</p>

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  <p>Most states have some laws that protect smokers from discrimination</p>
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<p>and </p>

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  <p>However, 29 states and the District of Columbia do prohibit discrimination based on legal activities outside the workplace, which includes smoking tobacco.</p>
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<p>What, in these states, constitutes 'the workplace'? For example, while under mandatory Covid19 homeoffice, while participating in teleconferences from home, is the home a 'workplace' for the purposes of these laws? Can an employer dismiss a smoker for smoking at home during mandatory homeoffice (and on a teleconference) or would this be perceived as discriminatory?</p>

<blockquote>
  <p>In the US what is/are the legal definitions of 'workplace'?</p>
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<p>Absent a statutory or contractual definition, the plain meaning is adopted "<em>unless doing so would result in absurd, unintended consequences</em>", <a href="https://www.leagle.com/decision/incaco20180702035" rel="noreferrer"><em>Hassell v. Bird</em>, 5 Cal.5th 522 (2018)</a>.</p>

<p><a href="https://www.leagle.com/decision/199914490calrptr2d541128" rel="noreferrer"><em>Pulaski v. California OSHA</em>, 90 CalRptr.2d 54, 69 (1999)</a> points out that "<em>'[w]orkplace' is commonly understood as covering any place where work is performed. This is especially true where worker health and safety is concerned</em>". See also [non-precedential] [<em>Covia Communities v. McInerney</em>, (Court of Appeals of California, Dec. 2019)]<a href="https://www.leagle.com/decision/incaco20191218048" rel="noreferrer">3</a> ("<em>The plain meaning of the term [...] does not limit 'workplace' to one location [...]. Nor does the plain meaning of 'workplace' require that the employer own the subject property</em>").</p>

<p>Thus, a person's homeoffice also fits the definition of 'workplace'.</p>

<blockquote>
  <p>Can an employer dismiss a smoker for smoking at home during mandatory homeoffice (and on a teleconference) or would this be perceived as discriminatory?</p>
</blockquote>

<p><em>Discriminatory</em> means that the dismissal is motivated by the status of <em>employee being insofar as a smoker</em> rather than his act of smoking during the performance of work. By way of analogy, consider the laws against discrimination based on a person's sexual orientation: The ban on that discrimination does not entitle the employee to engage in sexual intercourse during a teleconference.</p>

<p>Most bans on smoking in the workplace are intended to protect other employees' health and safety. From the remark in <em>Pulaski</em>, it follows that smoking at home during mandatory homeoffice time would not impair other employees' health and safety.</p>

<p>That being said, the employer might have valid reasons for prohibiting to smoke during a teleconference. For instance, doing so could be perceived as unprofessional, and therefore detrimental to the image of the company. </p>
