How States Are Expanding Protection for Employees’ Lawful Off-Duty Conduct
The line between someone’s job and their private life can be fuzzy, but in many states the law makes that separation explicit. Employers may be tempted to police behavior outside of work—smoking, cannabis use, or other lifestyle decisions—but legislatures have pushed back. In those places, lawful off-duty activities are protected, as long as they don’t spill over into job performance.
Why Employers Restrict Off-Duty Behavior
Some businesses argue that employee habits affect company costs and image. For instance:
1. Tobacco use can lead to higher health insurance premiums and more sick days.
2. Lifestyle choices can influence how customers and the public perceive a brand.
3. Workplace safety concerns arise when certain behaviors carry over into the job.
While these reasons may seem practical, laws in many states prevent employers from extending their control beyond working hours.
States That Safeguard Tobacco Use
Freepik | In several states, it is illegal for an employer to fire a worker for smoking outside of work.
A number of states specifically protect employees who use tobacco during their own time. This means employers cannot fire or discriminate against workers for smoking off the clock. Examples include:
Connecticut, Indiana, Kentucky, Louisiana, Maine, Mississippi, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, and West Virginia.
Even the District of Columbia enforces similar protections, limiting employer authority over what workers do outside company property.
Expanding Protections Beyond Tobacco
Several states recognize that protection shouldn’t stop at tobacco use. Illinois, Minnesota, Missouri, Montana, Nevada, North Carolina, Tennessee, and Wisconsin extend coverage to other lawful products.
Minnesota offers one of the clearest examples. Employees may use marijuana outside of work hours and away from the workplace. However, the law also makes it clear that being under the influence or possessing marijuana at work can lead to termination. This balance respects personal choice while protecting workplace safety.
Broader Coverage for Off-Duty Activities
Instagram | visit.new.york | New York state law protects employees from discrimination for their lawful, non-work-related conduct.
A few states go even further by protecting general lawful activities, not just product use. California, Colorado, New York, and North Dakota fall into this category.
In Colorado, employees are free to take part in any lawful activity outside of work, so long as it doesn’t pose a conflict with their employer’s interests. New York goes further, protecting workers from discrimination tied to marijuana use, political engagement, or even hobbies pursued on personal time.
The Bigger Picture in Employment Law
The idea behind these laws is straightforward: what people do in their private lives is their own business, unless it interferes with job performance or company loyalty. States are drawing sharper boundaries to make sure legal personal choices—smoking, hobbies, politics—don’t cost someone their paycheck.
Employers, however, aren’t left powerless. They can still step in when behavior off the clock poses safety issues or creates conflicts of interest. The guiding principle holds steady: off-duty activities belong to the individual, unless they spill into work.