Keep a low profile...just like your boss said--he sounds smart.
I hate to say it, but if the FDA does make this a medical/drug delivery device (without banning it, of course), that would probably open a legal status for being able to vape at work. How can they deny you "medication" then?![]()
You will find that any talk of a discrimination suit will get laughed out of the HR office, particularly if you are in a "work at will" state. Discrimination applies to a predjudice associated with race, religion, etc. Just as a workplace has the right to institute a dress code policy or a policy governing relationships between employess, they also have the right to dictate vaping as an at-work behavior. All are absolutely unregulated, legal activities in public, but the workplace still has the right to establish guidelines and policies regarding your behavior while you are on the clock.
To suggest to HR that you have spoken to your attorney regarding the potential for a discrimination case is a sure way to get labeled as a troublemaker. One piece of advice: NEVER threaten something you are not equipped or do not intend to follow up on.
Unbelievable that only one person really makes sense here. Go ahead and threaten them with a lawsuit, but you better start looking for another job, because I guarantee, they will start looking for a reason to get rid of you. Everything you do will be scrutinized, and any infraction, no matter how small, will be documented and used as grounds for termination.
Kristin's comment is very astute. Should the FDA regulate this as a medical/drug delivery device, that would at the very least give you a tool to go back to HR with.
Right now, your best bet would be to go to the HR department with your PV in hand and do your best to demonstrate your knowledge of the device and its risks.
Unbelievable that only one person really makes sense here. Go ahead and threaten them with a lawsuit, but you better start looking for another job, because I guarantee, they will start looking for a reason to get rid of you. Everything you do will be scrutinized, and any infraction, no matter how small, will be documented and used as grounds for termination.
Despite the perpetual motherly smile on the face of your HR director, their job is to limit the liability of the company and immediately find a reason to get rid of anyone making ripples in the company pond.
I treat E-cigs the same as analogs. I still step outside to vape unless I know for a fact it is accepted where I'm at.