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Nov06

Can an Employer choose to hire only non-smokers?

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Can an Employer choose to only hire non-smokers?

In most states, yes.

Every state permits an employer to make the workplace non-smoking, and to prohibit smoking on company property. Employees need not be permitted to leave the premises during the day to smoke. So employees can be required to go the full 8 to 10 hours per day (or more) without a cigarette. This policy would effectively eliminate most smokers from consideration — they would find it very difficult to go for such an extended period without a smoke.

In most states, the employer can ask if the applicant smokes, during the interview, and refuse to hire anyone who does. Employees who lie about it in the interview process can be terminated.

However, a few states protect an employee’s right to smoke tobacco away from work, without employment consequences. If memory serves, Wisconsin and North Carolina are such states. In other states, employee’s have a right to not be discriminated against for legal conduct away from work. This would include smoking tobacco by inference.

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This entry was posted on Thursday, November 6th, 2008 at 9:34 am and is filed under
Hiring and Staffing, Human Resources Management.
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3 Responses to “Can an Employer choose to hire only non-smokers?”

  1. How to tell a co-worker they have bad BO? - MyCoupons.com Shopping Boards Says:
    February 1st, 2009 at 8:03 am

    […] at this, which states that companies in most states can base hiring decisions on whether you smoke:

  2. Bob Komsthoeft Says:
    March 4th, 2010 at 10:13 am

    I like the way you put out things. It would be nice to read more posts from you. Bookmarked.

  3. Caitlin Says:
    March 28th, 2010 at 8:44 am

    Thanks Bob!~ Caitlin

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