What are my rights as an employee if I do not want smoking inside my workplace?

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What are my rights as an employee if I do not want smoking inside my workplace?

I work for a small business owner and he and his wife smoke in the backroom which is also my break area. They know this bothers me but they won’t stop. They have not posted any no

smoking signs. They are the type of people that are very defensive when you question them on things and make your workplace environment very unpleasant. I need my job but the smoking is out of hand.

Asked on October 27, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the "Smoke-free Illinois" act, smoking is banned in workplaces--even in small businesses. If the owner(s) do not comply, you could file a complaint with the Illinois Department of Public Health and they could potentially be fined for their violation. Below is a link to an informative webpage put out by your state government:
http://www.smoke-free.illinois.gov/sf_info_wp.htm


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