Question: Can You Discriminate Against Smokers?

Although there’s no federal prohibition against discriminating based on smoking (being a smoker is not a protected class in any federal regulation), more than half of states do have some form of prohibition of exactly that. Some states outright prohibit discriminating against tobacco users.

Can an employer tell you not to smoke?

Employers are free to ban all smoking in the workplace, even if state law allows it. In other words, there is no law that protects your right to smoke at work. However, employers have less freedom to regulate off-duty smoking by employees. Several states have laws prohibiting discrimination against smokers.

Can you be fired for being a smoker?

Federal law doesn’t address whether employers can fire employees for smoking. In a number of states, however, it is illegal to fire an employee simply for being a smoker. These laws, often called “off-duty conduct” laws or “lifestyle discrimination” laws, take several forms.

Can you ask a potential employee if they smoke?

You can only ask questions directly related to an applicant’s potential job performance, so while you can’t ask if he smokes, you can ask if he’s even been disciplined for violating a company policy regarding smoking.

What rights do smokers have?

There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Because there is no specially protected right to smoke, tobacco control advocates can work to amend or repeal state laws that stand in the way of tobacco control efforts.

Do non-smokers have rights?

Most states have some laws that protect smokers from discrimination. However, due to the health hazards related to smoking, smokers are not completely protected in the same way that non-smokers are. Non-smokers also have legal rights that relate to smoking and smoking areas in the workplace.

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Is it a human right to smoke?

This is a referred to as a ‘qualified right ‘, meaning it does not override the protection of the health and freedom of others. Tobacco smoke is a Class A carcinogen, and exposure to second-hand smoke causes direct harm to non-smokers.

Is smoking a disability?

Although smoking itself is not likely a disability under ADA, smoking may have attendant health issues that do qualify as disabilities. For example, an employee with heart disease, asthma, or cancer may qualify as disabled under the law.

Can a job not hire you because of nicotine?

In each of the 21 states in which U-Haul companies will implement its policy, there are no laws that protect the rights of nicotine -users or prohibit employers from declining to hire applicants due to their engaging in otherwise lawful conduct outside the workplace.

Can I sue my neighbor’s for cigarette smoke?

Suing your neighbor or landlord is an option, but it should be your last resort. Before suing, you should try to reach an agreement with your neighbor to limit where and when s/he smokes. You also could ask your landlord or property manager to make certain areas of the building smokefree.

Can I smoke in my house?

Smoking is lawful in private areas such as your own home or in your car. Certain open public spaces, such as uncovered walkways, surface carparks or at dedicated smoking points, allow smoking too. Your neighbour may not know that the smoke is affecting you even if they are legally smoking within their premises.