[dschoemaker]

I actually have done quite a bit of research on ADA with a previous employer. One of the interesting aspects of the ongoing litigation is that Smoking is not in and of itself a disability. It is an addiction. It does not directly create problems in the work environment, individuals can still perform the basic requirements of the job.

Other addictions such as drug and alcohol abuse create direct problems that can effect these basic abilities. Once you reach the stage of absenteeism, absent mindedness and other symptoms occur you would be covered by ADA. However, prior to that point you are theoretically not covered.

ADA only covers the disability itself not the underlying addiction.

[proud American in Canada]

Thank you for your thoughts.

"It does not directly create problems in the work environment, individuals can still perform the basic requirements of the job."

That is one of the greatest weaknesses of the argument. :)