Is this discrimination?

Question

I am going to be opening a daycare in my home. I would like to offer my services to smoke free families only as children from smoking homes have higher instances of upper respiratory infections and those are of course brought to daycare and everyone gets sick. I have contacted my state licensing and they cant give me an answer. Evidently no one has ever done this before. I am not trying to discriminate, but just provide the healthiest enviornment possible for small children. To me it makes perfect sense. And as a parent who has had their children in daycare before I can see nothing but advantages to this policy. Any feedback? Anyone ever done or heard of this before? Thanks!

I understand that there will be germs regardless (mother of 3!) but taking precautions to limit that exposure just seems to be common sense to me.

Answer 1

It is discrimination, as all choices are. It is not illegal discrimination because smokers are not a protected class under any public accommodations law that I know of.

I think it is a good idea

Answer 2

As mentioned I not a legal person and the Dictatorship can force people to do whatever, this why many companies are moving to Communist countries, sad, but, people need to open their eyes.
What I feel, is, you are offering a specific service to a certain group and if this is stated up front it should be legal, though your customers can lie and say they not smoke. How I see this as an example, would be a Country Bar being sued for not playing Rock-n-Roll. If, you see what I try to say. People know what music they play and should go somewhere else if they want to hear different. As in your case, people know the rules, and need to look elsewhere if they not like the rules.

Answer 3

I think you have every right to do as you please, it is "your" business. If people don't like that they do have the option to go someplace else. People who don't smoke will appreciate the fact you are doing this, just being around people who smoke, even when they aren't, you can't help but smell the stinch coming from their clothing. It can be irritating to others around them and can cause health issues. The only good thing about taking in babies who's parents smoke is that it would give that child a break from that environment. You DO NEED to make that very clear either on the application and/or a highly visible notice board and have them sign a statement to the fact they understand and if found they aren't telling the truth the contract will be voided immediately. That way, they can't argue. --Good Luck!

Answer 4

First off, I am a non-smoker and I grew up in a smoking home. I was perfectly healthy. I never had any respiratory problems whatsoever. So because the parents smoke you're discriminating against the child? Shame on you!

Answer 5

No...this is not discrimination. Smokers are not a protected class under the Constitution and you seem to have a good reason for your denial of services.

Just make sure you are clear about your reasons and that no one can link this to another group...girls, blacks, baptists, ect...

This also does not mean that you will not be subject to a possible lawsuit. I can see some silly person trying to sue for money....but they will lose.

Answer 6

As a disclaimer I have NO legal background, lol.

No, I would not call this discrimination as you would be opening your own private business. It is owned by you exclusively so it's your choice what to do with it. A restaurant can be smoke free, why not a day-care?

Answer 7

Depending on state law it can be construed as discrimination if somebody wnated to push the issue. I commend your concept; however, kids are going to share germs regardless.

Answer 8

It is discrimination. Not accepting someone for reasons they (as children) can't control is discrimination.