Off-Duty Conduct Policies: Key Drafting Tips

Summary

Employers should carefully consider any attempt to regulate an employee's off-duty conduct. While federal law is silent on the issue, several states prohibit employers from discriminating against workers because of their lawful off-duty conduct, including their political activities and the lawful use of tobacco, marijuana and other products. Additionally, at least one state (Wisconsin) prohibits terminating an employee because of an employee's arrest or pending criminal charge unless the circumstances of the arrest or charge substantially relate to the circumstances of the job.