Smoking and Discrimination

philrubin · November 2001

A recent HR Hero newsletter mentioned that smoking may not be a reason to eliminate a candidate from being hired. I have a client who says they WILL NOT hire smokers so they can keep the costs of their medical coverage down. Is there a court case in which a smoker sued because of this sort of discrimination and won?

Margaret Morford · November 2001

Smokers' rights are protected in Kentucky (big tobacco state) and by city ordance in New Orleans. I do not know where else. You should probably have your employment attorney research your state laws and local ordances for you.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Phil Dickinson · November 2001

28 states and District of Columbia, but not California, now have laws that prohibit discrimination on the basis of tobacco use outside the workplace. Some laws also apply to other lawful products or lawful activities (alcohol, for example). For additional information, check the just-updated edition of M. Lee Smith's HR Executive Special Report on Privacy Rights and Wrongs, available soon through [url]http://www.hrhero.com[/url].

Phil Dickinson, Author of "Privacy Rights and Wrongs"

skippy · November 2001

In NH we have a smoker's rights law. Although it is illegal in the state to smoke in public buildings, you have to let employees have 15 minutes per day to smoke in designated areas. This doesn't have to be above any other break that you provide, but for companies that don't generally provide breaks, this rule has to be observed.

Smoking and Discrimination

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