Human Resource Blog

Can an Employer choose to hire only non-smokers?

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.