Can Employers discriminate against hiring smokers in the workplace?

Question

I live in Washington State. Can I only hire non-smokers or is that discriminating?

Answer 1

Sorry, but non-smokers are not a legally protected group; nor are they likely to be. An employer can most certainly discriminate on this basis or any other, provided the discrimination isn't based on membership in a protected group. Let's hope it stays that way.

Answer 2

I don't think you could make that a question on any application or in an interview. But you could make policies that make it very difficult for people who smoke to work there.
Now I would say if someone were to light up in an interview that that is very unprofessional and even rude.
And I would say since people can discriminate on the appearance (manner of dress and how they present themselves in the interview) If the reek of cigarette smoke then go a head and don't hire them based on that. Also remember that hiring is a discriminating business. You must discriminate on some grounds. Just make sure you can back it up by other than he's a smoker.

Answer 3

I don't know about the law in Washington (I live in Oregon) but you can certainly write a company policy that states a very stringent dress code that takes into account perfume and other smells that may be found offensive.

I once worked in a "fragrance free" work environment. You may want to look into a policy around that.

You also need to consider if a person smells like cigarette smoke in an interview, whether or not that may be offensive to the customer you are serving. Two candidates being equal, hire the best one for your business. The one that you can smell the smoke on in the interview means it will only be worse in the work environment.

My current boss smokes, but you'd never know it. Another one of my co-workers smokes and you'd know it, the second they walk in a room. So it really just depends on their (your applicants) personal hygiene in the end.

Answer 4

Not if you tell them that this is a non smoking environment. If you advertise that, it will weed out the smokers anyway. If it's your company, you can hire whoever the hell you want. If not, maybe you should ask human resources, just in case.

Answer 5

Employers in Iowa do that. I suppose you could too. I'm not sure that ensures you will get the best people for the job though. I smoke & want to quit sometime. I'm a good worker who never calls in sick. Did someone close to you die of lung cancer or what?

Answer 6

Another important question is to ask yourself. How many people do you employ? Some labor laws like this don't apply to you if you don't hire more than a certain number of workers.

Answer 7

It would be wrong since smoking is still legal. You can ask in an interview, but not make it a reason for not hiring.

Answer 8

You would have to check with your labor laws in your area. I know you can prohibit them from smoking in your building or premises. I am not sure you can dictate what they can do in their non working hours.

Answer 9

Yes .. it is discrimination.
Thought after person joins (or in appointment letter) ... you can tell that person to follow your non-smoking zone policy.