Old Smoke- Kantainism Workplace Ban

Old Smoke- Kantainism

Workplace ban on smoking is not a controversial subject anymore as people tend to recognize the rights of non-smokers to a smoke-free workplace. However there are some aspects of this law which can cause confusion and one such issue is "old smoke." While employees must not smoke where non-smokers are present, does the law also protect non-smokers against the lingering smell of old smoke? What do ethical theories say about this and how can this issue be resolved?

For one, we must understand that smoke-free workplace doesn't always mean completely smoke-free. There may still be designated areas within a workplace where smokers are allowed to smoke since sending them out of the premises might affect their morale and dignity. For this reason, smokers may be allotted a space where they can smoke while at work. secondly some workplaces may not raise an objection to smoking if everyone in a certain department or room smoke. Darlene faced a problem when she had to work in the main file room where two smokers worked. Though Frank and Alice would freshen up the room half an hour before Darlene was to start working, she still complained of old smoke and hence later refused to work in that room completely since she was highly sensitive to lingering smell of smoke. The question that arises now is: what are the rights of Darlene and Frank/Alice in this case according to ethical theories. We shall be using Kantianism to study this case and seek a resolution of this conflict.

Kantianism is based on the principle of "Categorical Imperative" which suggests that an action is wrong if a person wouldn't want it to become a universally accepted course of action under similar circumstances. "Act only on that maxim through which you can at the same time will that it becomes a universal law" (Morals, p. xii). Categorical imperative applies when a person chooses a course of action not due to lack of alternatives but unconditionally as if that was the only course of action that deemed right and suitable to him. In the case of Darlene and old smoke, we can thus say that employers need to ask themselves what they would want in this situation so strongly that they would wish it were the law. There are many courses of action available to them such as they can force Darlene to work in the main file room, they can force Frank and Alice to quit smoking complete or they can develop a new policy whereby the entire workplace would stay smoke-free and there would be no designated smoking areas. The choice of the course of action is up to the employers who wouldn't want to hurt the rights of anyone but at the same time, would want a conflict with the law.