Listen, don't take this wrong, but some of the posts I see here for dealing with
vaping in the workplace are not at all intelligently or carefully considered. You have to know something about employment law, and you can't just lash out with absurd advice.
Once a private company institutes a ban on electronic nicotine delivery devices in their workplace, there are no laws of any kind that require employers to cater to employees personal habits. Employers may regulate aspects of workplace conduct and are free to do so as far as I know.
At this time, I wouldn't suggest telling an employer to "pound salt" unless somebody else is willing to pay your mortage/rent for a while, and/or you have another job lined up.
There are always jobs with different environments/cultures that have policies that you can agree with. Sometimes it's appropriate to just move on and go elsewhere. And I do wish you the utmost success in finding a more reasonable employer/workplace.
But a lawsuit for discrimination? I'd say you have no shot whatsoever with that. None. If the workplace policy is clearly communicated and enforced fairly and consistently the company will absolutely avoid any discrimination claims.
However, you "might" have a case if the employer doesn't provide a designated place for you to vape. Vapers are entitled to a smoke-free zone. Making you vape in an area designated for smokers could be contrued as hazardous to your health, and in that respect, I think you would have a case.
I will also say that people who throw out emotionally charged "advice" perhaps are in jobs that don't pay well, or that have no future so it's not a great loss to lose your temper and just quit. However, there are a lot of people who have professional jobs, for which they spent years preparing for educationally and otherwise, and which pay good salaries, etc. Believe me, they are not about to tell their employers to "pound salt".
There are, contrary to many of the posts here, many employees who vape, who have strategically and professionally, with series of meetings and small task-force groups, helped their companies to work out a vaping policy. I talk to them all the time. Unfortunately, a few more
militant type vapers have actually RUINED that for other vapers. One story told to me was a gal who refused to stop vaping in a company meeting in which outside clients had been invited. She was asked not to vape, and refused to comply.
at that point, the company, despite the work and energy and hours that other vapers put into helping develop a vaping policy, decided to discontinue their pro-vaping policy.
so, it works both ways, people.