is it illegal to hire based on smoking preference?

Answer 1

A smoker is not a protected status employee. But an employer would be stupid to state up front why someone was not being hired except using the standard "another candidate was chosen whose qualifications more closely matched the position" nonsense.

But since insurance companies discourage the adding of smokers to corporate policies you should not be surprised to find that being a smoker was a reason another candidate had qualifications that more closely fit the position.

Answer 2

Of course it is. They cannot ask if you smoke or not before hiring you. And every employer is required to provide a place for smokers to smoke. It does not have to be convenient. And they do not have to allow you more breaks but they cannot discriminate just for smoking. At least in the USA that is how it is supposed to work. Unless the owner is an independent worker such as a farmer or something like that.

Answer 3

employers have it set up that they can hire for any reason they like and not be suspected of any wrong doing. Thats why they are the boss.

Answer 4

no, as long as you don't discriminate b/c of race, age, or gender, then if you don't like the way someone looks, you don't have to hire them.

Answer 5

No, it is not. Smokers do not have "smokers' rights" and are not considered to be a protected class

Answer 6

If you are an equal opportunity employer then yes. if not, then i dont know.

Answer 7

unfortunately, no. I don't smoke, but don't agree with policy.

Answer 8

yes, I think So....Ha...Ha...