Originally from Dispute Resolution Journal

"Tobacco is a dirty weed,

I like it.

It satisfies no normal need,

I like it.

It makes you fat, it makes you lean,

It takes the hair right off your bean,

The worst darn stuff I've ever seen,

I like it." [anonymous].

Unlike the traditional ditty above, there are many employees and employers who do not like it-smoking. However, a dilemma may confront an employer contemplating a partial or total ban on smoking at the workplace. If smoking restrictions are imposed, there is a risk of smoker dissatisfaction or complaint. On the other hand, non-smokers have been increasingly vocal in asserting an assumed right to a smoke-free environment. They have even brought lawsuits under various legal theories such as on constitutional or common law grounds, under the terms of the Rehabilitation Act, etc.1