Can an Employer Discriminate Against Smokers Under Federal Law?
People are protected by federal and state laws from workplace discrimination for such characteristics as race, gender, religion, sexual orientation and national origin, but federal law, and laws in many states, do not prohibit employers from refusing to hire smokers.
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Smoking Laws Vary State to State
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No federal law governs smoking at work, so workplace smoking laws vary by state. Most states prohibit indoor smoking at work and allow employers to designate smoking areas. Others ban smoking in the workplace all together and a few not at all. In some cases, local laws trump the state with tighter restrictions.
Smokers' Rights Also Vary
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States also differ in how they protect smokers' employment rights. According to a Feb. 18, 2010, report by the Voice of America, 29 of the 50 states have laws that protect smokers' rights. The others do not, allowing employers to base employment on an applicant's smoking status.
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Rights Away from Work
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The nonprofit organization Workplace Fairness reports that the states that protect smokers' rights outlaw discrimination against an employee for smoking when not at work. But laws in the other states do not prohibit employers from firing employees for smoking away from the workplace.
Insurance May Cost Smokers More
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Workplace Fairness adds that in many cases employers may legally charge smokers higher health insurance premiums, reflecting higher health care costs related to smoking. Even some states that protect smokers' rights make an exception allowing employers to charge smokers higher insurance rates.
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- Photo Credit Smoking image by levo from Fotolia.com
